Enforcement of Your Rights

Defense of Trademark Rights


We may assist you in deploying appropriate tools helping you to enforce your rights, e.g., by:



  • implementing third parties’ trademarks watches

  • putting border measures in place such as customs interventions

  • sending warning letters

  • conducting oppositions or invalidation proceedings

  • negotiating settlements and contracts


We help you choose and implement the most suitable and cost-effective strategy for enforcing your trademark rights.

Trademark Watches


Younger trademarks that are identical or similar to your own trademarks could reduce the distinctive power thereof if you tolerate the coexistence of these marks. To address that issue, we may set up trademark watches on your trademarks. A trademark watch can be compared to an alarm system that detects potential intruders in a protected area, which enables you to take appropriate action when necessary.


 

Opposition


Trademark opposition proceedings are administrative proceedings (i.e. before the trademark office rather than before a court) that allow the owner of an earlier trademark or similar sign to oppose the registration of a younger trademark that is identical with the earlier trademark or sign or if there is a likelihood of confusion on the part of the public in the territory in which the earlier similar trademark or sign is protected. Opposition proceedings constitute a cost-efficient tool to protect your earlier rights against newer trademarks.

Invalidation Proceedings


Depending on the territory, trademark invalidation proceedings are conducted before a court or the trademark office. Trademark invalidation proceedings aim at the (complete or partial) invalidity of an adverse trademark being declared. Grounds for invalidity include absolute grounds and relative grounds.

Settlements


Sometimes, opposition or invalidation proceedings can be ended by settlement between the parties. We may negotiate coexistence agreements and limitations of lists of goods and services for you.