Third-party comments

Third-party comments may be used by anyone to inform the Trademark Office within the period stipulated for this purpose why a particular trademark should not be registered.

Prior to registration of the trade mark, natural persons or legal entities as well as the associations of manufacturers, producers, service providers, traders, and consumers may submit written observations to the German Patent and Trade Mark Office, stating the reasons why the trademark should not be registered ex officio. The persons and associations are not involved in the procedure at the German Patent and Trade Mark Office.

Advice for use in practice: Third-party comments are frequently a successful way to prevent the monopolization of generic terms by competitors, if there is no trademark protection for them. Sometimes the trademark examiner may be unaware of the meaning of technical or uncommon terms. Third party comments may compensate for this lack of information.