Overview

Conflicts and enforcement

When signs collide, rights, risks and the aims of any proceedings must be clarified quickly. This section deals with conflicts between trade marks and shows which legal instruments are available for cleaning up the register and for taking action against a use.

Identical signs for identical goods or services are subject to different requirements than an alleged likelihood of confusion. Under the statutory conditions, well-known trade marks may also be protected against dissimilar goods or services. The examination therefore starts with the earlier right and the specific act that is being challenged.1

Choosing the right procedure

An opposition is directed against a published registration and is subject to a three-month deadline. In addition, there are proceedings for a declaration of invalidity or revocation. Against an infringing use, the main remedies are civil claims for injunctive relief and removal and, where the conditions are met, further claims.2

Securing evidence and deadlines

The status of the register, the lists of goods and services, use and specific market presences form the basis of the assessment. In pending proceedings, deadlines for service and for responses must be recorded separately. Your own trade mark may also face a defence of non-use. A conflict strategy must therefore also examine the strength of the right being asserted.3

Topics in this section

The section covers likelihood of confusion, well-known trade marks, opposition, invalidity and revocation proceedings, warning letters and claims before the courts. Settlements and coexistence agreements are also part of it. The in-depth page on opposition explains the procedure before the Office of Economic Affairs.

Conclusion

Effective enforcement requires a robust right and the right procedure. Keeping an attack on the register, a prohibition of use and a settlement apart makes it possible to determine aims and effort more precisely.

Sources

  1. Art. 3 and 13 of the Law of 12 December 1996 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act; MSchG), LGBl. 1997 No. 60, LR 232.11, version of 1 July 2026.

  2. Art. 31a–31f, 50, 53 and 57 MSchG.

  3. Art. 12a and 31b MSchG.

Last updated: 13 September 2026

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