Since May 2020, nullity proceedings based on prior rights and revocation proceedings based on non-use are now also possible at the DPMA.
Previously, such proceedings had to be conducted before the civil courts. Due to the modernisation of the Trade Mark Law, interested parties now will have the choice whether such proceedings should be conducted before the office or before a civil court. Compared to court proceedings, fees may be lower in proceedings before the office. Since the examiners at the DPMA always had to deal with basically the same questions in opposition proceedings, it can be assumed that a comparable high level of expertise can be expected here as at the courts.
Which procedure is to be preferred may therefore depend on the circumstances of the individual case. In any event, the extension of the possibilities for right holders is to be welcomed.
Our blog contributions shall provide an overview with regard to legal topics, legislation and case law and are supposed to provide some general information rather than constituting any specific advice. Please do not hesitate to contact Maiwald and in particular the authors of the particular contributions if have any questions on the addressed topics or on other legal issues.