Have you received a "Notification of Provisional Refusal" from WIPO for your Trademark application in Germany? Don't panic. A provisional refusal of protection by the German Patent and Trade Mark Office (DPMA) is often only the beginning of a negotiation - and not a final "no".

In this article, you will find out why German inspectors are particularly strict, which deadlines are now running and which specific packages we use to enforce your trademark in Germany.

What does "Provisional Refusal" mean?

If you apply for an international trademark (IR trademark) via the Madrid system and extend the protection to Germany ("Designation Germany"), the DPMA will examine this application as if it had been filed directly in Munich.

The DPMA is known for its strict standards for the so-called absolute grounds for refusal (Absolute Grounds for Refusal). Terms that are easily registered in the USA or China (e.g. slightly descriptive terms) are often objected to in Germany as "non-distinctive" (Section 8 (2) No. 1 MarkenG) or "in need of protection" (Section 8 (2) No. 2 MarkenG).

The consequence: WIPO will send you a Provisional Refusal. First things first: This is not yet a final rejection! It is the opening of a dialog in which you (represented by a lawyer) can dispel the concerns.

Attention: The 4-month deadline and the obligation to have a lawyer

The notification of the decision by WIPO marks the beginning of a non-extendable period of 4 monthsto answer at DPMA.

For applicants without a domicile or branch in Germany, the Compulsory attorney (§ Section 96 MarkenG). You cannot correspond with the DPMA yourself; you must have an authorized domestic representative (German Trademark Attorney).

Our strategy: analysis, adaptation, argumentation

To overcome the complaint, we usually use one of these three levers:

1. Restrict the list of goods: The complaint often relates only to terms that are too broad (e.g. "software"). The obstacle can often be removed immediately by specifying specific goods.

2. Legal justification: We prove that your sign is indeed distinctive, e.g. by analyzing the German public perception or by citing favorable prior decisions.

3. Traffic enforcement: In rare cases, we prove that the brand is already known in Germany through intensive use.

Your solution at a fixed price

We know that international proceedings require cost transparency. That's why we offer clear packages for processing provisional refusals instead of incalculable hourly rates.

Package 1: The "Emergency Check" & proxy order

Ideal to meet the deadline and obtain an initial assessment.

• Formal Appointment as domestic representative at DPMA.

• Access to the auditor's file.

• First summary examination of the prospects of success (memo).

• Monitoring of all future deadlines.

• All-inclusive price: 350,00 € (net)

Package 2: The "fast-track" solution (list of goods)

If the complaint can be remedied by merely restricting the goods/services.

• Preparation of a customized list of goods in consultation with you.

• Submission of the pleading to DPMA.

• Communication through to publication.

• All-inclusive price: 550,00 € (net, plus package 1)

Package 3: The legal defense (argumentation)

If we have to convince the auditor with legal arguments.

• Detailed analysis of the complaint.

• Search for comparable previous decisions (BPatG / ECJ).

• Preparation of a comprehensive opinion on distinctiveness.

• Price: from 1.60,00 € (at cost / individual offer after check)

Quick answers for those in a hurry

What does a Provisional Refusal lawyer cost in Germany?

With brands media meyen We start with a lump sum of € 350 for the appointment of a representative and audit. Content editing starts from € 550.