Trademark complaint costs: no grounds for cost imposition under German trademark law

The German Federal Patent Court (BPatG) dismissed the appeal and confirmed the lower instance's decision, resulting in no party being charged the costs of the proceedings due to the absence of valid grounds for cost imposition. The dispute concerned a trademark complaint procedure where the appellant challenged the costs decision rendered in the underlying appeal against the trademark office's ruling. The court's decisive legal reasoning relied on the doctrine that costs in trademark complaint proceedings are only imposed when specific statutory prerequisites are met, such as frivolous or vexatious conduct, which were not established in this instance, thereby applying the relevant procedural norms on cost allocation in trademark matters.