Prosecution, Enforcement, and Monitoring
Effective enforcement of trademark rights requires prompt and well-substantiated legal responses to any unauthorized use or attempts to register confusingly similar signs. One of the primary defensive mechanisms is the opposition procedure, which must be initiated within the statutory deadline (two months from the publication of the contested mark in the Official Bulletin). Our trademark attorneys draft opposition submissions based on comprehensive legal reasoning, demonstrating likelihood of confusion, conceptual similarity, or unauthorized exploitation of the reputation of an earlier trademark.
When the conflicting mark has already been used in commerce or registered, the proprietor of the earlier trademark may initiate an infringement action by issuing a formal cease and desist letter. This legal notice demands the termination of use and, where applicable, the withdrawal of infringing products from the market. This may be followed by cancellation proceedings on grounds such as lack of distinctiveness, bad faith at the time of filing, or conflict with prior rights. Our legal team prepares cancellation actions in strict compliance with procedural rules before OSIM, EUIPO, or other competent authorities, and ensures robust representation throughout the process.
Another avenue of enforcement is the filing of a revocation action for non-use, aimed at removing trademarks that have not been genuinely used within a continuous five-year period. Such dormant rights may hinder the fair exercise of legitimate commercial activity. Our attorneys conduct in-depth assessments of the factual and legal grounds for revocation and manage the procedural steps necessary to clear the path for clients impacted by unjustified registrations. In doing so, we provide actionable legal strategies to restore trademark balance and safeguard fair market competition.
