The German Patent and Trademark Office (DPMA) has issued an official notice regarding the increase in bad faith trademark applications (Notice dated 11 February 2026). According to the DPMA, since mid-2025 there has been an increase in trademark applications where the focus is not on the use of the applied-for sign as a trademark, but on its subsequent use for purposes unrelated to trademark law – as a means of competitive struggle. This development underscores that it is important to proactively review the legal protection of signs in use and to act by filing trademark applications or other appropriate measures.  are bad faith trademark applications?

What are bad faith trademark applications?

A trademark application is considered to be in bad faith if it is not filed with the aim of using the trademark for one’s own goods or services, but rather to hinder or block third parties or to gain unfair advantages. Trademark Law protects legitimate economic interests – but not strategic abuse of the law. The aim of such applications is therefore to block signs that have not yet been secured by a trademark application and to put pressure on market participants using the sign by registering it. Whether a trademark has really been registered in bad faith depends on the individual case. However, recognised case groups have emerged in this regard, including the following: 

1. Intent to obstruct

In classic cases of obstruction, the applicant knows that a third party is using the sign without registration and registers it to block that party’s business activities. An example of this would be a sales representative who, after terminating the cooperation, applies for the sales mark not registered as a trademark by his former employer in his own name as ‘his’ sales mark in order to use it as a means of pressure. 

2. Speculative trademarks/ambush trademarks 

Another use case is so-called speculative and warning letter models, in which trademark applications are made solely for the purpose of demanding licence fees or warning letter costs for signs that are used by third parties but are not protected via an registration. In this case, the owner of the mark has no serious intention to use the trademark oneself. 

3. Hoarding of trademarks without intention to use

Trademark applications may also be in bad faith if an applicant registers numerous trademarks without any concrete intention to use them. The main issue here is the ‘clogging’ of the register and thus the prevention of the use of the trademark(s) by interested third parties, even though there is no active intention to use them. 

Whether a trademark application has been made in bad faith can be examined in proceedings before the trademark offices. If bad faith is confirmed, the trademark will be cancelled. 

When do I need a (registered) trademark? 

The best protection against bad faith trademark applications is to conduct availability searches before starting to use a trademark and, if necessary, to register your own trademark:

• The principle of priority applies in trademark law. Signs that are already registered as trademarks or otherwise legally protected must be considered when starting to use your own trademark – otherwise you may face a warning letter with cease-and-desist demands and, if applicable, additional claims. You should therefore not use a new sign as a trademark without first researching existing third-party rights. This applies in particular when labelling products with trademarks, as changing the trademark in such cases is often impossible or involves a great deal of effort. 

• If the preferred sign is still ‘available’, a decision must be made as to whether it should be registered as a trademark or whether this is necessary to protect against bad faith third-party registrations. This depends on the intended use, where (i.e. in which countries) the sign is to be used as a trademark, whether licensing is planned and for which products the brand is to be used. In certain product segments, a sign enjoys legal protection simply through its use under German Law (so-called work titles and business names). In such cases, trademark registration may still make sense but is often not mandatory. In other areas (e.g. consumer goods), however, there is no automatic protection, and a trademark registration is usually unavoidable.

Conclusion: Bad faith trademark applications constitute an abuse of Trademark Law. They do not serve to protect legitimate trademark interests, but rather to hinder or exploit third parties. An early legal review can help to secure the trademark used in the best possible way and avoid cancellation or invalidity proceedings – both for applicants and for those affected.