Effective protection of intellectual property requires prompt and legally substantiated action against unauthorised use and against applications capable of creating a likelihood of confusion. A principal instrument in this context is the opposition procedure, to be initiated within the statutory period, typically two months from publication in the Official Bulletin. Our IP attorneys conduct and coordinate opposition proceedings from inception to conclusion, preparing reasoned submissions grounded in legal analysis and factual assessment. This includes evaluation of similarity on visual, phonetic, and conceptual levels, assessment of the likelihood of confusion, and, where applicable, consideration of the reputation of earlier rights and potential unfair advantage or detriment. Through a structured and anticipatory approach, we seek to preserve the scope and enforceability of clients’ rights and to prevent encroachment upon their protected interests in the relevant market.
Where a conflicting earlier right is already in commercial use or has been registered, the holder of the prior right may enforce its position through a cease and desist notice requiring cessation of use and, where appropriate, withdrawal of infringing goods from the market. In parallel or subsequently, cancellation proceedings may be initiated on grounds such as lack of distinctiveness, bad faith at the time of filing, or conflict with earlier rights. Our firm manages such proceedings before OSIM, EUIPO, and other competent authorities, ensuring compliance with procedural requirements and preparing substantiated cancellation actions supported by legal argumentation and factual analysis. Through a coordinated approach to enforcement and dispute resolution, we assist clients in preventing continued infringement and preserving the legal integrity and economic value of their intellectual property rights.
Another key enforcement mechanism is the revocation of trade marks on grounds of non-use, aimed at removing registrations that have not been subject to genuine use for an uninterrupted period of five years. Such dormant rights may unjustifiably restrict market access and impede legitimate commercial activity. Our IP attorneys assess the factual and legal conditions for revocation and manage the procedural requirements before the competent authorities, ensuring that challenges are properly substantiated and procedurally compliant. Through a targeted and legally grounded approach, we assist clients in removing undue barriers to market entry, restoring the proper balance within the register, and safeguarding the conditions for fair competition.
