Preventing a third party from using or registering a trademark that is identical to your own or similar enough to be confused with your trademark is important for maintaining a valuable brand. KIPA can advise you on potentially conflicting trademarks and the relative strength of your position. We can prosecute or defend an opposition on your behalf, depending on whether you are bringing an action against an infringer or defend against an action or threatened action by a third party.
It makes good sense to settle trademark conflicts to the mutual satisfaction of those involved whenever possible to avoid the cost and uncertainty associated with contested oppositions or formal court actions. KIPA can facilitate this process by preparing and sending “cease and desist” letters to those that may be infringing on your trademark to initiate a process of resolving the issue without resorting to litigation. When such an approach does not provide satisfactory results, we can manage litigation on your behalf and provide litigation support.
KIPA can help clients with a wide range of proceedings involving registered trademarks, including non-use revocation and invalidity actions. We understand the complex rules and procedures of these actions, such as proof of use and evidence, which can be critical to the success of these actions. For proceedings outside the EU, we work through carefully vetted local trademark practitioners to ensure compliance with local formal requirements, deadlines, and requirements for supporting documents and evidence.