Relative grounds for refusal are given if a trademark potentially infringes third party rights. They are not examined within the application and registration procedures by the German Patent and Trademark Office (GPTO), by the Office of Harmonization in the Internal Market (OHIM) or by the World Intellectual Property Office (WIPO).
The right of reproduction is part of the exploitation rights of the copyright holder.
The absolute grounds of refusal listed in § 8 (2) No. 1, 2, 3 (German Trademark Act) can be ignored if prior to the point in time of the decision on registration, the trademark has become established in the trade circles involved as a result of its use for the goods or services for which the application was filed, § 8 (3) (German Trademark Act). To be established in the trade circles, a majority of the relevant public has to interconnect the sign with the goods and services of the applicant. The degree of knowledge required must be considered to be reached when the trademark is known by a significant part of the public (15 to more than 50 %) concerned by the products or services covered by that trademark. A trademark which is protected through reputation is only preserved in the region the trademark is known.
The trademark holder can request the infringer to give information about the origin and the distribution channels of the questionable products or services.
Risk of repetition is given if a repetition of the illegal conduct can be seriously expected again.