Increase in bad faith trade mark applications – DPMA warns of trade mark abuse

By notice of 4 February 2026 the German Patent and Trade Mark Office (DPMA) draws attention to a marked increase in bad faith trade mark applications. Since mid-2025, the authority has observed a growing number of applications in respect of which there are substantial doubts as to the good faith of the applicants. For undertakings, in particular those without a registered trade mark, this gives rise to a serious legal and economic risk.

What is a bad faith trade mark application?

A bad faith trade mark application exists where a sign is not applied for with the genuine intention of using it as a trade mark for its own purposes, but primarily serves to hinder third parties or place them under economic pressure. The legal basis is § 8 Abs. 2 Nr. 14 MarkenG. According to this provision, a trade mark is excluded from registration if it has been applied for in bad faith.

In practice, this frequently affects situations in which an undertaking has already successfully used a sign, but has not applied for formal registered protection. A third party applies for this sign as its own trade mark and then relies on its formal legal position. The aim is regularly not its own use, but the creation of a pressure situation vis-à-vis the actual prior user – for example through cease-and-desist demands or economic claims.

Trade mark law is deliberately used as a strategic instrument in competition in such cases.

Why are bad faith trade mark applications increasing?

According to the DPMA's assessment, two developments in particular are promoting the current increase.

On the one hand, modern AI-supported search tools enable systematic searching of markets and online presence. Signs that are intensively used but not entered in the trade mark register can be identified automatically. The technical effort is low, the reach is great. This increases the number of strategic or abusive applications.

On the other hand, platform mechanisms in e-commerce are exacerbating the problem. Many online marketplaces provide registered trade mark proprietors with effective protection mechanisms. Following the deposit of a trade mark, third-party offers can sometimes be blocked at short notice. For the actual prior user, this can result in significant loss of sales and reputational damage. Even if it later emerges that the trade mark application was made in bad faith, economic disadvantages have often already occurred. It is precisely this temporal pressure potential that is deliberately exploited.

How does the DPMA examine bad faith?

The DPMA announces that it will conduct in-depth examination of corresponding applications in the event of concrete suspicion. Before a rejection, the applicant will be given an opportunity to file observations. The decisive factor is an overall assessment of all circumstances of the individual case.

Of particular importance may be knowledge of prior use by third parties, the existence of a genuine intention to use, and the conduct of the applicant towards the actual market participant. The determination of bad faith requires careful examination and is legally demanding. Nevertheless, the clear positioning of the DPMA shows that abusive strategies will not be tolerated without action.

Risks for undertakings without a registered trade mark

Undertakings that do use their signs but have not registered them as trade marks find themselves in a structurally weaker position. Whilst older right of signs may, in certain circumstances, arise from use, their enforcement is regularly associated with substantial evidential requirements and is considerably more complex in practice than relying on a registered trade mark.

Particularly in digital competition, a formal registered position can be decisive. Those who do not apply for registration risk being forced into a defensive position by a bad faith trade mark application.

How can undertakings protect themselves?

Against this background, it is advisable to secure economically relevant signs early as registered trade marks. Registration creates legal certainty and substantially reduces the risk of strategic attacks.

Moreover, systematic trade mark monitoring is becoming increasingly important. Through regular monitoring of new applications, identical or similar signs can be identified at an early stage. The earlier a problematic application is identified, the more effectively counter-measures can be taken, whether through observations in the application procedure or through a later application for revocation on the grounds of bad faith.

A forward-looking trade mark strategy is therefore not merely a formality, but is part of professional risk management.

Practical tip/recommendation

The current increase in bad faith trade mark applications illustrates that trade mark law is increasingly being used strategically. Undertakings should not only develop their signs creatively, but also secure them legally and monitor them on an ongoing basis.

As a law firm specializing in trade mark law we support undertakings in developing a sound application strategy, in the legally secure design of goods and services specifications, and in the enforcement or defence of trade mark claims. A particular focus lies in professional trade mark monitoring and in the legal assessment of possible bad faith in the individual case.

Early consultation can be decisive in minimizing economic risks and avoiding strategic disadvantages.