Protecting intellectual property effectively requires swift, well-founded action against any unauthorized use or attempts to register marks that could create confusion. A central mechanism in this process is the opposition procedure, which must be initiated within the statutory timeframe, typically two months from publication in the Official Bulletin. Our IP attorneys guide clients through this process from start to finish, preparing opposition applications grounded in detailed legal reasoning and supported by a careful analysis of the relevant facts. We assess the likelihood of confusion, conceptual and visual similarity, and any misuse of the reputation of existing marks to build a compelling case. By taking a proactive and strategic approach, we help clients preserve the value of their brand, prevent encroachment on their rights, and maintain a strong market position. Every step is designed not only to address immediate threats but also to reinforce long-term protection and enforceability, ensuring that the client’s intellectual property remains a resilient and valuable asset.
When a conflicting right has already been used commercially or registered, the owner of the earlier right may enforce their rights by issuing a formal cease and desist notice. This legal instrument calls for the immediate cessation of use and, where relevant, the removal of infringing products from the market. In parallel or subsequently, cancellation proceedings may be pursued on grounds such as lack of distinctiveness, bad faith at the time of filing, or conflict with prior rights. Our team manages these proceedings with meticulous attention to procedural requirements before OSIM, EUIPO, or other competent authorities, preparing well-reasoned cancellation actions and providing robust representation throughout. By combining legal precision with strategic guidance, we help clients defend their rights effectively, prevent ongoing infringement, and safeguard the long-term value and integrity of their intellectual property.
Another important enforcement tool is the revocation of a trademark on the grounds of non-use, designed to remove marks that have not been genuinely exploited within a continuous five-year period. Dormant or unused rights can impede legitimate commercial activity and restrict market freedom. Our IP attorneys undertake thorough evaluations of both the factual and legal bases for revocation and manage all procedural requirements to challenge such registrations effectively. In doing so, we develop targeted, actionable strategies that help clients eliminate obstacles, restore market balance, and protect fair competition, ensuring that valuable commercial opportunities are not hindered by unused or unjustified trademarks.
