With trade mark applications, opposition or cancellation proceedings may be expected, particularly if a search has not previously been performed. In the case of a company’s own trade mark, if the trade mark is being monitored and thus defended with respect to third parties, filing for opposition or cancellation proceedings before infringement proceedings are initiated at the ordinary courts is an effective measure.
If opposition or cancellation proceedings before the respective Trade Mark Office are conducted by an inexperienced attorney, this typically creates considerable difficulties and often results in the case being lost. Many years of experience in trade marks field and a detailed knowledge of the relevant case law are required for proceedings to be conducted successfully and for appropriate and effective arguments to be made. In the case of oppositions filed against European Community trade marks, knowledge of the formal requirements and of the relevant procedural law is absolutely essential.
Our attorneys draw upon a wealth of knowledge and experience in trade mark opposition and cancellation proceedings and can provide you with an early and accurate assessment of likely progress of the proceedings as well as your chances of success in those proceedings.
Importantly, the client can frequently achieve its objectives in trade mark opposition and cancellation proceedings by way of commercial or extrajudicial negotiations and agreements with the other party.
In addition to their experience in trade mark opposition and cancellation proceedings, our patent attorneys and attorneys-at-law have considerable experience in cancellation proceedings relating to design rights.