AI applications: DPMA reports rise in bad-faith trademark applications

Since mid-2025, the German Patent and Trade Mark Office (DPMA) has seen an increase in trade mark applications where there are doubts as to the applicant’s good faith. These are cases in which the applicants in question do not use, or do not intend to use, the trade marks applied for as an indication of commercial origin, but rather to derive financial gain from them.

One tactic involves applying for trademarks that are already being used on the market by third parties without corresponding protection, in order to then issue warnings against them on the basis of the applied-for trademark. This can have devastating economic consequences if, for example, claims for damages or reimbursement of costs are asserted, or if the goods or services offered have to be renamed.

Where there is reasonable suspicion, the DPMA examines a trade mark application for possible bad faith on the part of the applicant in accordance with Section 8(2)(14) of the German Trade Mark Act (MarkenG).

In the DPMA’s view, the main reason for this increase is likely to be the fact that trademarks used in the market but lacking registered protection can be easily identified using AI applications. In addition, many online sales platforms have now established efficient blocking mechanisms for registered trademark owners, making it easier for bad-faith applicants to put pressure on market participants who lack registered trademark protection. For example, the registered trademark owner can register the trademark on the online sales platform and have third parties, even legitimate ones, automatically barred from using the trademark. If the third parties wish to defend themselves against this, it is time-consuming and, in some circumstances, costly, particularly if legal advice has to be sought or potential customers are lost.

The threshold for accepting a trademark application filed in bad faith is high. However, if the DPMA nevertheless concludes that the conditions are met, the applicant is given the opportunity to comment. The applicant may then, by submitting relevant evidence, refute the DPMA’s conclusion and demonstrate the good faith of the application.

In an official notice dated 11 February 2026, available at https://www.dpma.de/dpma/veroeffentlichungen/hinweise, the DPMA drew attention to the problem and advises trademark owners without a registered trademark to consider applying for a registered trademark and to monitor the register closely for applications/registrations of their trademarks by third parties. The DPMA also accepts reports of activities by applicants acting in bad faith as so-called “third-party comments”, provided the relevant file reference number is stated.