In conflicts relating to IP matters, opportunity is given to first defend IP rights in an administrative proceeding proposed by the corresponding intellectual property office.
Such an administrative proceeding is generally less time-consuming and costly than a judicial proceeding and doesn’t require the involvement of a lawyer before Court.
If the injured party claims for damages against counterfeiting use of its IP rights, then it may ask for the services of a lawyer. However, a positive decision previously obtained from the corresponding IP office in an administrative proceeding will represent a fair advantage in order to support such a claim.
The European Union trademark office as well as most national European trademark offices (Benelux, French, German etc.) provide for administrative litigation proceedings. They for instance allow third parties to file an opposition against the registration of a trademark application during a set time period up to three months after publication. The opponent is required to pay for an official fee as well as to prepare and file arguments in support of the opposition.
The administrative proceedings in IP litigations also provide the defendant with the opportunity to answer the accusations of the opponent.
Our trademark and design attorneys are all experienced in drafting arguments based on settled case law and according to the formal requirements in order to properly defend the IP rights of our clients, regardless of being the opposing party or the defending one.