Trademark Registered, What Now? The 5 Phases After Filing

Trademark registered, what now? The five phases after filing: publication, opposition period (three months), use, monitoring, and renewal.

Dr. Ron van de Sand
Dr. Ron van de Sand

Founder & Developer of markencheck.ai

June 29, 2026 · 8 min read

Founder looks contentedly at her freshly registered trademark on her laptop and plans the next steps

Registering your trademark feels like a finish line. In reality, it is the start. According to the DPMA (2026), before registration the office only examines the absolute grounds for refusal, meaning whether the trademark is capable of protection in itself. Whether it conflicts with someone else's earlier rights is left out of the picture. That is why several phases come your way after filing that many founders overlook: a tight opposition period, an obligation to use the mark, monitoring against copycats, and renewal every ten years. This guide walks you through the time after registration in five clear phases, so you know what to keep in mind at each stage. All of this is practical know-how, not legal advice.

Key Takeaways

  • Before registration, the DPMA only examines the absolute grounds for refusal, not the conflict with earlier trademarks (DPMA 2026).
  • Your trademark is only finally settled after the three-month opposition period (§ 42 MarkenG).
  • After the five-year grace period for use, an unused trademark becomes vulnerable (§ 26 MarkenG).
  • No one monitors your trademark for you, that is the owner's job.
  • The term of protection is ten years and can be renewed as often as you like (§ 47 MarkenG).

If you are still right at the beginning, it pays to look at the prior step first: you can research your trademark at any time before you file.

Phase 1: What Happens Right After Registration?

Right after registration, the DPMA publishes your trademark in the electronic trademark gazette. Before that, according to the DPMA (2026), the office only examines the absolute grounds for refusal, such as a lack of distinctiveness or purely descriptive terms. If none of these apply, your trademark is registered and made public. From this moment on you may also use the ®, not before. Why that timing matters is covered in ® or ™: which symbol may you use, and when.

This publication is more than a formality. It makes your trademark visible to everyone and, at the same time, starts an important clock: the opposition period from Phase 2. The limit of the official examination matters here. The office checks whether your trademark is capable of protection in itself. It does not check whether an earlier, similar trademark already exists alongside it. This gap stays with you through all the later phases.

What does that mean in concrete terms? Your registration is no seal of approval that your name is free of third-party rights. It only confirms that the office found no absolute ground against the trademark. Anyone who researched thoroughly in advance heads into the next phases more relaxed.

How Long Does Trademark Registration Take?

According to the DPMA (2026), the office does not give a fixed figure for the standard processing time. It depends on how promptly you cooperate, and an electronic filing speeds up the procedure noticeably. A blanket figure in weeks would therefore be misleading.

If you are in a hurry, you have a lever. Under § 38 MarkenG, you can request accelerated examination for a fee of 200 euros. The office aims to decide on it within six months. This makes sense when a product launch, a funding round, or a trademark transfer is coming up and you need clarity quickly. For how such fees fit into your budget, see the overview of trademark search costs.

Phase 2: When Is Your Trademark Finally Settled?

Your trademark is only finally settled once the opposition period has run out. Under § 42 MarkenG, this period is three months from the publication of the registration. Within this window, the owner of an earlier trademark can file an opposition, meaning lodge an objection against your later mark. Only after that does the dust settle.

A common mistake deserves a clear note here. The opposition period is three months, not six. The six months people often mention are the Paris priority period, an entirely different concept. Anyone who confuses the two miscalculates by a factor of two and plans wrong. Remember the three months from publication.

What happens if someone files an opposition? Then the office examines whether there is a likelihood of confusion between the trademarks. That can bring down your registration in whole or in part. This is exactly why research before filing is so valuable: it lowers the risk of ending up in an opposition proceeding at all. If the three months pass without an opposition, your trademark is considerably more stable. Whether a specific opposition has good prospects is a legal question for an attorney.

Phase 3: Why Do You Really Have to Use Your Trademark?

A registered trademark is not a reserve you can let sit however you please. Under § 26 MarkenG, there is a five-year grace period for use. During those five years you do not have to actively use the trademark. After that, a trademark that is not genuinely used becomes vulnerable.

What does vulnerable mean in concrete terms? Once the five years are up, a third party can request that your trademark be cancelled or declared revoked for non-use. If you do not genuinely use it for the goods and services you applied for, you risk losing the protection. A nice registration alone is not enough, then, you have to bring it to life.

This leads to an often underrated strategy question: only apply for the classes you genuinely need. Anyone who files too broadly as a reserve creates a target a few years down the line. Three practical points for this phase:

  • Actually use it: Bring the trademark to market genuinely for the goods and services you applied for.
  • Document the use: Keep evidence, such as invoices, packaging, advertising, and dated screenshots.
  • Choose classes realistically: Whatever you do not use long term can become a risk after five years.

Phase 4: Who Defends Your Trademark Against Copycats?

No one but you. The DPMA and EUIPO do not examine for earlier or conflicting third-party rights during the procedure and do not monitor on their own initiative (DPMA 2026; EUIPO 2025/2026). If someone files an application dangerously similar to your trademark, it goes through without anyone warning you. The defense rests entirely with you.

That is the uncomfortable flip side of registration. It gives you a right, but it does not enforce that right for you. The registers are public, and new applications appear in them continuously. Without looking yourself, you often notice a conflict only once the opposition period from Phase 2 is long gone. Then the only path left is the more expensive and slower cancellation route.

This is where the circle closes back to research. The same tool you use to scan the market before filing helps you keep watching afterward. You can regularly spot new similar trademarks early and use the narrow opposition window instead of missing it. For how systematic monitoring works in practice, the post on trademark monitoring goes deeper. The legal assessment of a specific conflict remains a matter for an attorney.

Phase 5: How Do You Renew Your Protection Every Ten Years?

Your trademark is not registered for eternity, but it can become so. Under § 47 MarkenG, the term of protection is ten years from the filing date. You can renew the protection as often as you like, each time for another ten years, by paying the renewal fee on time.

The reference point matters. The ten years run from the filing date, not from the day of registration. That sounds like a small detail, but it can amount to several weeks or months. Put the filing date and the renewal deadline in your calendar early. Anyone who misses the deadline risks the protection lapsing and the painstakingly built trademark value being lost.

The renewal is also a good moment for a reality check. Do you still need all the classes? Does the trademark still fit your business? Are there new, similar trademarks you should keep an eye on? That turns a pure fee payment into a deliberate decision about your trademark strategy for the next ten years.

The Five Phases at a Glance

After a trademark application comes no end point, but a life cycle. According to the DPMA (2026), before registration the office only examines the absolute grounds for refusal, and everything else is up to you. These five phases help you keep the overview:

  1. Registration and publication: The office registers your trademark and publishes it in the electronic trademark gazette (DPMA 2026).
  2. Opposition period: Three months from publication, after which your trademark is considerably more stable (§ 42 MarkenG).
  3. Use: Five-year grace period, after which an unused trademark becomes vulnerable (§ 26 MarkenG).
  4. Monitor and defend: No one does it for you, neither the DPMA nor the EUIPO (DPMA 2026; EUIPO 2025/2026).
  5. Renew: Every ten years from the filing date, as often as you like (§ 47 MarkenG).

Conclusion

The most important insight first: registration is the beginning of your trademark protection, not the end. Before registration, the office only examines the absolute grounds for refusal (DPMA 2026), and the rest you have to steer yourself. After publication, the three-month opposition period ticks away, not the six-month priority period. In the first five years you enjoy the grace period for use, after which you have to genuinely use the trademark. No one monitors for you whether a copycat appears, and every ten years the renewal comes due. Anyone who knows these five phases loses no deadline and no trademark value. For real conflicts or borderline cases, an attorney belongs at the table, because this guide is not legal advice. Lay the groundwork solidly and research your trademark before and after you file.

Sources

  1. Gesetze im Internet – § 42 MarkenG – Widerspruch (2025)
  2. Gesetze im Internet – § 47 MarkenG – Schutzdauer und Verlängerung (2025)
  3. Gesetze im Internet – § 26 MarkenG – Benutzung der Marke (2025)
  4. DPMA – DPMA – Prüfung, Eintragung und Verlängerung (2026)

Frequently asked questions

How long does it take until my trademark is registered?

According to the DPMA (2026), the office does not state a fixed standard processing time, because it depends on your cooperation and an electronic filing speeds the procedure up. If you are in a hurry, you can request accelerated examination under § 38 MarkenG for a fee of 200 euros. The office aims to decide on it within six months.

When is my trademark finally settled?

Your trademark is only finally settled once the opposition period has run out. Under § 42 MarkenG, this period is three months from the publication of the registration. Only after that is it clear that no owner of an earlier trademark filed an opposition in time. Do not confuse these three months with the six-month priority period, which is a different concept.

Do I have to use my registered trademark?

Yes. Under § 26 MarkenG, there is a five-year grace period for use. During that time you do not have to actively use the trademark. After that, a trademark that is not genuinely used becomes vulnerable and can be revoked or cancelled for non-use. So use your trademark for the goods and services you applied for.

Does the office monitor whether someone copies my trademark?

No. The DPMA and EUIPO do not examine for earlier or conflicting third-party rights during the procedure and do not monitor on their own initiative (DPMA 2026; EUIPO 2025/2026). Whether someone files a similar trademark is something you have to watch yourself. No one warns you automatically when a conflicting trademark appears in the register.

How long does a registered trademark last?

Under § 47 MarkenG, the term of protection is ten years from the filing date. You can renew the protection as often as you like, each time for another ten years, by paying the renewal fee on time. A trademark can therefore exist indefinitely in theory, as long as you renew it and genuinely use it.

Does this guide replace legal advice?

No. This post offers general orientation on what happens after a trademark application. It is not legal advice. For specific conflicts, oppositions, or borderline cases, a specialized attorney belongs at the table, someone who can assess your individual situation.

Dr. Ron van de Sand
Dr. Ron van de Sand

Founder & Developer of markencheck.ai

Founder & Developer of markencheck.ai. Focus: data-driven, AI-assisted trademark research and EUIPO register data. Not a lawyer — markencheck.ai is a technical research tool and no substitute for legal advice.


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