Fewer Trademark Battles: A Look at the Drop in Disputes Against New Trademarks at the German Patent Office
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Decrease in Controversies Regarding New Trademarks at the Patent Office - Less opposition filings for novel trademarks at the Patent Office, marking improvement
It's a new era at the German Patent and Trademark Office (DPMA), with fewer skirmishes between the rights holders of established trademarks and the registration of fresh trademarks. This change can be attributed to a couple of factors, according to a representative from the office. First, enhanced hunt options for existing trademarks have made it easier for parties involved [1]. Second, disputes are often resolved early on through proactive conflict resolution [1].
In 2021, almost 50,000 trademarks were registered, a slight increase compared to the previous year. Among these, approximately 2,200 faced opposition [1]. A small entrepreneur from Mühlacker (Enzkreis) is currently experiencing this, with his "Broccodile" trademark (a comic-style crocodile with broccoli flowers on its back) receiving a cease and desist letter and then an opposition from the clothing manufacturer Lacoste [1].
Small businesses like this one must tread carefully when filing for trademarks, warns patent attorney Alexander Bulling, who also lectures at the University of Stuttgart. Big businesses, he notes, rely on automated, smart monitoring systems to unearth new trademarks that resemble their own [1]. This means that even if David stays under the radar, Goliath might still catch wind of a potential infringement [1].
It's essential for small businesses to conduct thorough research and seek legal advice before filing a trademark, Bulling cautions [1]. The playing field is not always level when it comes to trademark battles, but with knowledge and guidance, smaller enterprises can strategize and safeguard their intellectual property [1].
- Trademark Disputes
- Trademark Office
- Mühlacker
- Battle Strategies
[1] https://www.dpma.de/dma/en/content/fewer-trademark-disputes-against-new-trademarks-at-the-patent-office-372414
- In the new policies at the Trademark Office, proactive conflict resolution and enhanced search options for existing trademarks have led to a significant decrease in disputes related to employment of new trademarks.
- Small businesses like the one in Mühlacker must be cautious when filing for trademarks, as powerful businesses with advanced monitoring systems can still identify potential infringements on their trademarks, necessitating the need for thorough research and legal advice to safeguard intellectual property.
