A trademark registration is a powerful weapon in challenging infringements. But it doesn’t rule them out altogether! After all, most competitors like to tap into other people’s successes.
To use and enforce your trademarks, you may have to take action against third parties. This is something you must initiate, as the trademark owner. The official trademark institutions will not take action. You may also be accused of infringement, even if it isn’t justified.
Whether it concerns an infringement on your trademark or an alleged infringement by you, we must always establish your legal positon first. Once that is clear, we will know what to do next: settle or fight!
What to do in case of trademark infringement
Most trademark issues can be settled out of court. This is generally preferred over expensive and time-consuming legal procedures, where the outcome remains uncertain. We can negotiate with your opponent. In our correspondence with them, we can ensure that your trademark rights are guaranteed in finding the right solution.
Some countries enable trademark owners to submit an opposition against a trademark by means of a legal opposition procedure. This is part of a registration procedure. The trademark agency in question then decides if the trademark can be registered or not. This procedure keeps the issue away from the court, and is an efficient way to object. Remember, however, that such procedures may be instigated for a limited time only. It is important, therefore, to spot infringing trademarks as quickly as you can, and to take action promptly. And that is where trademark monitoring comes in.