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Trademark infringement, litigation and oppositions
It is possible that your brand is being infringed and that you have a dispute or conflict with another trademark owner. By submitting an opposition, you can prevent the registration of conflicting trademarks, which could undermine the strength of your own brands.
More and more trademarks are being registered and the likelihood that brands resemble one another is increasing. Conflicts between trademarks have now become common. Every day, objections (opposition) are made to new brands and settlements are reached.
Different forms of infringement
Trademark infringement and litigation can arise at various times. You may already be confronted with earlier trademark rights during the application procedure for your trademarks. Even if you have registered your trademark, it is possible that someone else will register or use a trademark that is very similar to your own. It is also possible that your organisation is growing so fast that your brand is not protected in the countries in which you have since become active. Growth is good news, but it is possible that someone else has or claims trademark rights in countries where you want to achieve a significant proportion of your sales in the future.
Avoid financial loss
If existing or earlier trademark rights have not been properly examined, the consequences for you can be enormous. It is therefore advisable during your market research to specifically focus on these consequences under trademark law. It would be extremely unpleasant if, after all your investments, it emerges that you cannot use the name of your product and/or company. The intangible loss and damage to your company’s image may also have enormous (financial) consequences.
Trademark infringement of logos
Brand logos are also subject to trademark infringement. They are increasingly used as a means of expressing discontent in society. As this example shows logos can be modified in such a way that the copy harms the reputation of the brand. If you want to act against this as trademark holder, you will have to demonstrate that fewer of your products will sold due to this form of trademark infringement. Furthermore, you will always have to ask yourself whether the fuss you cause will have an adverse effect, the so-called Streisand Effect. The Streisand Effect describes the paradoxical phenomenon whereby efforts to remove or censor something backfire and produce even greater publicity. That is because people become curious and start paying attention in large numbers.
Opposition procedure
You can raise objections to trademark infringement. In most countries, a so-called opposition procedure applies. By means of opposition you may, for example, prevent the registration of a trademark that closely resembles your own. Opposition is subject to a number of rules. An important element in this respect is that there must be a threat of consumer confusion. An opposition must also be formally submitted within the prescribed period. Novagraaf’s trademark watching service will inform you of these periods in good time. The opposition procedure is is easily accessible, much less expensive than formal court proceedings and offers the possibility of a more amicable settlement
Would you like to know more about trademark infringement and litigation?
We encounter trademark infringement, litigation and oppositions every day, which is why Novagraaf consultants are specialised in the associated procedures. Feel free to contact one of our consultants and let them tell you why and how we can be of assistance. You can also turn to us for related subjects such as trademark search, trademark registration and trademark watching. You can contact us using the contact form at the right top of the page.
