Overview  Trademark Erasure
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Procedure of Erasure

It is possible for anyone, not just trademark owners, to put in a request for the erasing of a trademark from the register of the Deutschen Patent- und Markenamt. The erasure can be proposed on the basis of absolute barriers of protection or because of the non-use of the trademark.

The absolute barriers of protection include, among others, the absence of all distinctiveness of the trademark features for the claimed goods and services, deceiving information and the formation of the trademark from what are exclusively everyday language characteristics or statements.

An application for erasure because of the non-use of the trademark is only possible after the expiry of the five-year period of grace for use.

Prehm and Klare will check the situation on your behalf with respect to the legal rights of trademarks and assess the prospects for success, formulate the grounds for erasure and submit the erasure petition to the relevant office in your name and with your authority.

Procedure of Erasure: Absolute Barriers
Procedure of Erasure: Non Use

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Should you need any further advisory requirements apart from the standard services which you can find on our Homepage, or you can't find a suitable service on offer, then you should initiate a special inquiry.