Admissibility:

A strawman in patent business is allowable at the German and European Patent Offices.


Contact:

Tel: +49 (0)89 59 99 76 8-0

Email: mailstrohmann.info





Trade mark application using a strawman


We offer to apply for a trademark in our name for your company. Your company will be invisible to third parties.
You have in principle 5 years time (the so called 5-year grace period (§49 MarkenG) in which you can wait without any action. However you need to take over the trademark within these 5 years and have started to seriously use the trademark. Otherwise a third party has the right for cancellation of that mark.

Opposition against a trademark using a strawman

Filing an opposition is an "every-ones"-right and thus allowable by a strawman who has no own economical interest.


Nullity action against a trademark using a strawman

Also a nullity action is an "every-ones"-right and thus allowable by a strawman who has no own economical interest.

BGH-Decision related to the application of a trademark using a straw man


The German Federal Court of Justice decided in: 10.04.2008 (I ZR 164/05) that the application of a trademark using a strawman is to be considered as equal to an application by a person with personal interest himself.