Trademark Cancellation in Germany

Remove Marks That Block Your Brand

If an unused or invalidly registered trademark is standing in the way of your own brand, our team at Brealant can pursue a cancellation action with the DPMA — or defend your registration if someone challenges yours.

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Essential Guide to Trademarks in Germany

Protecting Your Path to Registration with Brealant's Expertise

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Legal Definition of Trademark Cancellation
Cancellation covers two routes under the Markengesetz: revocation for non-use (Verfall, Section 49) and invalidity on absolute or relative grounds (Nichtigkeit, Sections 50-51) — both of which can now be filed directly with the DPMA.
Purpose and Function of Cancellation
Revocation is most commonly used where a mark hasn't been genuinely used in Germany for a continuous period of 5 years, clearing the way for new applications.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence of use — or its absence — is central to the outcome.

A Hassle-Free Registration Journey with Brealant

Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
Search
We review the target registration's use history and eligibility for a cancellation action.
Quote
Receive a staged service quote covering each phase of the action.
Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the cancellation request, or the response, with the DPMA.
Wait
The DPMA notifies the parties and manages the evidence process, if contested.
Response
You receive the DPMA's decision on whether the mark is cancelled.

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Clear, Simple Steps to Remove a Blocking Mark

In Germany, a non-use cancellation begins with filing a revocation request directly with the DPMA, which the registered owner can then contest. If contested, the owner must file evidence of genuine use, or its absence decides the outcome. Understanding the target mark's use history is the clearest way to assess your prospects.

Safeguarding Your Brand's Path Forward in Germany — With Brealant by Your Side

A blocking registration that's genuinely fallen out of use can prevent you from registering, or fully protecting, your own brand. Brealant assesses the target mark's use history carefully before recommending action, so you understand the real prospects of success.

Limitations

What Cancellation Cannot Achieve

Cancellation is a powerful tool, but it has real limits

Five-Year Non-Use Period
A revocation action generally requires an uninterrupted 5-year period of non-use, longer than in many other jurisdictions.
Burden of Proof Shifts
Once contested, the registered owner — not the applicant — carries the burden of proving genuine use.
Discretionary Outcomes
The DPMA can transfer a contested case to the courts in some circumstances, extending the process.
Time and Cost
A contested cancellation can take 12 months or longer and involve real professional costs.
Partial Removal Only
The mark may be cancelled only for some goods or services, not necessarily all of them.

Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.

What a Cancellation Protects

A successful cancellation action protects

Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used but still block legitimate new entrants.
Register Accuracy
Keeping the DPMAregister reflective of marks that are actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale, unused registration.

Brealant assesses whether cancellation is the right route before you commit resources to the action.

Timeline for Trademark Cancellation in Germany

Cancellation timing depends on whether the action is contested

Filing the Request
The revocation or invalidity request is lodged directly with the DPMA.
Notice to the Owner
The DPMA notifies the registered owner, who can contest the cancellation.
Evidence Exchange
If contested, the owner files evidence of genuine use, or the absence of it decides the matter.
Decision
The DPMA decides whether the mark is cancelled, in full or in part.

An uncontested cancellation can resolve in a few months; a contested action more commonly takes 12 months or longer.

Understanding Cancellation Costs in Germany — Simplified with Brealant

Costs scale with whether the action is contested and the grounds relied on

Official Filing Fees
The DPMA charges an official fee to file a cancellation request, which varies depending on whether it's based on non-use or invalidity.
Professional fees
Professional fees scale with whether the action is contested and how much evidence is required.

Brealant will assess your matter and quote before filing, so you know what to expect.

Brealant support specialist providing continued trademark support

Continued Support After Cancellation in Germany — Supported by Brealant

Once a blocking mark is removed, Brealant can move straight into clearing and filing your own application, so the opportunity created by the cancellation isn't lost to a competing filer.

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Frequently Asked Questions

How long must a mark be unused before it can be cancelled in Germany?

Generally, a continuous period of 5 years' non-use is the basis for a revocation action, longer than the non-use period used in some other jurisdictions.

Who has to prove use — me or the registered owner?

Once a revocation request is filed and contested, the registered owner carries the burden of proving genuine use during the relevant period.

Can a mark be cancelled for reasons other than non-use?

Yes, marks can also be challenged on invalidity grounds, such as lacking distinctiveness at filing or conflicting with a genuinely earlier right.

What happens if the cancellation succeeds?

The mark is cancelled on the DPMAregister for the relevant goods/services, clearing the way for new applications covering that same ground.

Can the registered owner defend a cancellation action?

Yes, the owner can contest the request and must then prove genuine use of the mark during the relevant period.

How much does it cost to file a cancellation action in Germany?

Filing a revocation request with the DPMA carries a fixed official fee, with professional fees on top depending on whether the action is contested and how far it proceeds.

How long does a cancellation proceeding typically take?

An uncontested revocation can conclude within a few months, but a contested action involving evidence of use can take a year or more before the DPMA issues a decision.

Can a cancellation decision be appealed?

Yes, either party can appeal a DPMA cancellation decision to the Bundespatentgericht (Federal Patent Court).

Is a cancellation action filed with the DPMA or the courts?

Non-use revocation actions can be filed directly with the DPMA, while invalidity actions based on conflicting earlier rights can be brought either before the DPMA or the civil courts.

Does Brealant help trademark owners defend against a cancellation action filed by a competitor?

Yes, we assemble and present evidence of genuine use, or argue against the invalidity grounds raised, to defend a client's registration when it's challenged.