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In Germany, opposition happens after registration, not before — earlier rights holders have three months from publication to challenge a mark that's already on the register. Whether you're protecting your existing rights or defending your own newly registered mark, our team at Brealant guides you through the DPMA opposition process from start to finish.
Legal Definition of Trademark Opposition
Opposition (Widerspruch) is the formal process, under Section 42 of the Markengesetz, that lets the holder of an earlier right challenge a trademark after it has already been registered by the DPMA.
Purpose and Function of Opposition
Because the DPMA examines only absolute grounds before registering a mark, opposition is the mechanism that lets earlier rights holders raise a conflict — the only point in the German process where relative grounds are considered at all.
Protecting Your Position
Whether opposing or defending, a carefully built case — backed by the right evidence, including proof of use where required — is essential to a successful outcome before the DPMA.
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Contact
Reach out to Brealant to discuss the newly registered mark you want to oppose, or the opposition you need to defend.
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Search
We review the conflicting registration or your own mark and the surrounding evidence.
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Quote
Receive a staged service quote covering each phase of the opposition process.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the Notice of Opposition, or your response as the registered owner, with the DPMA.
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Wait
Await the DPMA's process through any cooling-off period and proof-of-use exchange; timing varies by case.
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Response
Receive the outcome — a DPMA decision on the papers, or a negotiated resolution.
In Germany, opposition follows the registration of the challenged mark: a Notice of Opposition must be filed within three months of publication, after which the parties may use an optional cooling-off period to negotiate, and — if the earlier mark is more than five years old — the owner can be required to prove genuine use before the DPMA decides. Knowing exactly where a case sits in that sequence is the clearest way to plan next steps.
Opposition is a serious step with real cost implications, so it's worth a clear-eyed assessment of the conflicting mark, the strength of your rights, and the commercial risk of letting an already-registered mark stand unopposed. Brealant assesses the merits with you before recommending action.
Opposition is powerful, but it has real limits
Missed Deadlines
A Notice of Opposition must be filed within 3 months of publication — miss it, and this route is generally lost.
Doesn't Undo Registration Retrospectively
A successful opposition cancels the mark going forward from the DPMA's decision; it doesn't erase the fact it was briefly on the register.
Cost and Time
A fully contested opposition, including a cooling-off period and proof-of-use exchange, can run 12 months or longer.
Burden of Proof
The opponent must establish its earlier right — and prove genuine use if challenged — or the opposition is unlikely to succeed.
Partial Outcomes
Opposition may only succeed for some of the contested goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of commercial and legal interests
Your Existing Brand
Removing a confusingly similar mark that has already reached the register before it can be used against you.
Consumer Trust
Reducing the risk of customers being misled between your brand and a new entrant.
Market Position
Stopping a competitor from keeping registered rights that could restrict your own future use.
Register Integrity
Ensuring marks that conflict with genuine earlier rights don't remain on the register unchallenged.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined, multi-stage process — and only begins once the challenged mark is already registered
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Registration & Publication
The DPMA registers the mark after absolute-grounds examination, then publishes it in the Markenblatt.
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Notice of Opposition
An earlier rights holder files opposition within 3 months of publication.
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Cooling-Off & Proof of Use
Parties may agree an optional cooling-off period to negotiate; if the earlier mark is over 5 years old, the owner may be required to prove genuine use.
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Decision
The DPMA decides on the papers, cancelling the registration in whole or part, or dismissing the opposition.
A contested opposition in Germany commonly runs 12 to 18 months from the Notice of Opposition to a final decision, though many resolve earlier through negotiation.
Costs scale with how far the matter proceeds
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The DPMA charges an official fee, typically around 250 EUR, to file a Notice of Opposition.
Professional fees depend heavily on whether the matter proceeds through a full cooling-off and evidence exchange or resolves earlier.
Brealant scopes and quotes each stage separately, so you're never committed further than you choose to go.
Brealant manages your opposition matter end to end, keeping you informed at each stage and revisiting strategy as the evidence develops, so you can make informed decisions about whether to continue, negotiate, or settle.
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Because the DPMA examines applications only on absolute grounds such as distinctiveness, it registers marks without checking for conflicts with earlier rights — opposition is the process that lets those earlier rights holders raise a conflict, and it can only happen once the mark is on the register.
A Notice of Opposition must be filed within 3 months of the mark's publication in the Markenblatt following registration.
No, the three-month period is a strict statutory deadline and cannot be extended.
If the opposition succeeds, the DPMA cancels the registration, in whole or for the contested goods/services, and the entry is removed from the register.
Only the owner of an earlier German or EU trademark, or certain other earlier rights recognised under the Markengesetz, can file an opposition — third parties without an earlier right cannot oppose, though they can request cancellation instead.
Yes, many oppositions resolve through negotiation during the cooling-off period — such as a coexistence agreement or amendment — before the DPMA needs to decide.
Opposition can be based on a likelihood of confusion with an earlier identical or similar mark covering identical or similar goods/services, or on the reputation of a well-known earlier mark.
Yes, if both parties jointly ask, the DPMA will suspend proceedings for a period to allow settlement negotiations, and this can usually be extended further if talks are progressing.
Yes, the mark stays on the register and can be used while the opposition is pending, unless it's ultimately cancelled — though continuing to invest heavily in it carries some risk if the opposition succeeds.
Yes, we represent clients filing oppositions to protect their earlier rights as well as clients defending their newly registered marks against an opposition.
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. .
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