We can assist you with mediation and advice in legal proceedings such as conflicts if you find yourself in the unfortunate position of having your rights infringed or even being sued for infringement. We can also mediate in the purchase and sale of your trademarks, domain names or your entire Intellectual Property portfolio or drawing up licence contracts or perhaps instruments to transfer a trademark.
Conflict
A conflict can arise in the event of plagiarism or where your competitor has infringed your trade name or trademark; if you are accused by a third party of infringement, you would be well advised to inform us as quickly as possible so that we can examine the case and advice you accordingly.
Opposition
Trademarks are registered with the trademark registration office, an official agency that evaluates the trademarks on absolute grounds. This means that the agency assessor will verify whether the trademark application complies with all statutory requirements and whether the trademark can be a trademark. The agency assessor may not refuse the trademark even if older identical or corresponding trademarks have been registered.
As the owner of the trademark, you are responsible for preserving your trademark rights and as the party entitled to the older trademark you can file an objection with the registration office (i.e. file an opposition) to the later trademark. Opposition can be filed during the publication period of the more recent trademark and consequently you do not have to go to court immediately. Opposition may not be filed after the expiry of the publication period, when legal action will be required to oppose the trademark.
A later trade mark is often discovered if you have a trademark protection subscription and we can mediate on your behalf before filing an opposition becomes necessary.




