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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.
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.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's use history and eligibility for a cancellation action.
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Quote
Receive a staged service quote covering each phase of the action.
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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.
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Wait
The DPMA notifies the parties and manages the evidence process, if contested.
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Response
You receive the DPMA's decision on whether the mark is cancelled.
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.
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.
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.
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.
Cancellation timing depends on whether the action is contested
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Filing the Request
The revocation or invalidity request is lodged directly with the DPMA.
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Notice to the Owner
The DPMA notifies the registered owner, who can contest the cancellation.
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Evidence Exchange
If contested, the owner files evidence of genuine use, or the absence of it decides the matter.
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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.
Costs scale with whether the action is contested and the grounds relied on
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The DPMA charges an official fee to file a cancellation request, which varies depending on whether it's based on non-use or invalidity.
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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.
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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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.
Once a revocation request is filed and contested, the registered owner carries the burden of proving genuine use during the relevant period.
Yes, marks can also be challenged on invalidity grounds, such as lacking distinctiveness at filing or conflicting with a genuinely earlier right.
The mark is cancelled on the DPMAregister for the relevant goods/services, clearing the way for new applications covering that same ground.
Yes, the owner can contest the request and must then prove genuine use of the mark during the relevant period.
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.
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.
Yes, either party can appeal a DPMA cancellation decision to the Bundespatentgericht (Federal Patent Court).
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.
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.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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