We act for rights holders when unauthorised use, conflicting applications or vulnerable registrations call for action. Each matter is handled with a clear view of the result sought, whether that is ending the use, removing the conflicting right or securing acceptable terms, and with proper regard to the wider implications for the client’s portfolio and business.
We conduct trade mark opposition proceedings before OSIM and EUIPO, relying on earlier registered rights, well-known marks and other protected signs. Our work includes an early assessment of prospects, the preparation of pleadings and evidence, proof of use where required, and submissions on similarity, likelihood of confusion and reputation. We also manage negotiations conducted alongside the proceedings.
For international portfolios, we coordinate related oppositions in several jurisdictions, keeping the evidence and principal arguments consistent while adapting each case to the law and practice of the office concerned.
We bring and defend invalidity actions concerning registrations filed in bad faith, lacking distinctive character or conflicting with earlier rights.
We also act in revocation proceedings based on non-use, both for proprietors whose registrations are challenged and for clients seeking to clear unused rights from the register. We assemble and assess evidence of genuine use, address questions concerning the territory, extent and form of use, and advise on the consequences of the decision for related disputes and pending applications.
