Trade marks are a vital source of brand reputation and financial value. Disputes as to use and ownership of a trade mark need to be resolved quickly. Trade mark disputes not only arise when companies register new trade marks or use unregistered ones but also when brand owners need to deal with counterfeits.
We regularly handle opposition and cancellation matters where we are challenging or defending rights for our clients, as well as resultant appeals to the Appointed Person or the Courts in the UK and to the EUIPO Appeal Board, General Court and Court of Justice of the European Union in the EU. We advise our clients on the most pragmatic way to handle any disputes and have a proven track record of settling matters where this is in our client’s best interests.
Our experience acting in both offensive and defensive matters gives us a good view of the issues faced by clients and enables us to offer the commercially focused advice valued by our clients.
Sometimes a settlement will involve undertakings or a co-existence agreement. It is vital to ensure that any undertakings given or received as well as any concessions made as part of a co-existence agreement are practical for the needs of our clients and their business activities, as well as being capable of being implemented by the business to ensure there are no later breaches due to a lack of corporate memory.
When our clients are faced with fake goods, we liaise with customs authorities about suspected counterfeit activity and can arrange for seizure of counterfeits.
Our long term relationships with our clients means that they rely on the information we hold in our records on their various arrangements. Many of our clients have been with us for decades as they view the service we provide as an integral part of their business operations.