Your trademark application was rejected by the German Patent and Trademark Office (DPMA) by a decision?
Then there are two legal remedies to proceed against the rejection decision and to help your trademark to be registered after all, namely the reminder procedure and the appeal procedure.
1. Reminder
If the decision of the DPMA was issued by an official of the higher service, you have the possibility to initiate the reminder or appeal procedure.
The reminder can be filed with a notice period of one month; in addition, the reminder fee must be paid to the DPMA.
The DPMA then has to decide on the reminder within 6 months by a senior official. However, since the proceedings remain with the DPMA, the chances of a different decision are usually rather small (except in the case of obvious wrong decisions).
The appeal can be filed by yourself or with the help of a lawyer.
If the reminder examiner again issues a negative decision, you can file an appeal against this decision.
2. Appeal
If the DPMA decides by decision of a senior official or a trade mark division, only the appeal is admissible. The Federal Patent Court decides on the appeal if the DPMA does not grant the request – this is the rule.
The appeal must also be filed within one month together with the payment of the appeal fee.
Usually, oral proceedings are then held before the Federal Patent Court. There is no obligation to be represented by a lawyer, but it is advisable to be represented by a trademark attorney. Compared to the reminder proceedings before the Office, the proceedings before the Federal Patent Court can also drag on for two to three years and cause higher costs for you. Nevertheless, the chances of obtaining a different decision in appeal proceedings are usually higher than in reminder proceedings.
The decision of the Federal Patent Court may be appealed to the Federal Court of Justice.