Our team will provide advice and support in trademark law, trade name law, copyright, and other related conflicts. Additionally, we offer guidance and assistance in resolving conflicts involving domain names, social media platforms, or instances of trademark misuse on the internet. For example, if a competitor registers domain names similar to your trade name or trademark. To ensure comprehensive legal protection of your trademarks, Markeys continues to provide guidance even after registration. This includes assistance with address changes, transfers, or adding licenses to your trademarks. Our team is dedicated to managing all aspects of your trademarks. Markeys will verify, monitor, and protect your trademarks, offering tailored advice and recommending necessary steps.
Trademark consultancy
Looking for advice in trademark issues?
First consultation, free of charge
Trademark protection / infringement
Under attack by a third party
You receive a demand letter from a third party stating that your brand infringes older trademark rights. Want more information about objections and opposition from third parties?
Trademark protection or infringement
Obviously a third party could violate your intellectual property (e.g. trademark or tradename), by using or registering a confusing name. Markeys’ team will map your possibilities to take appropriate measures.
Cease and desist letter
In most cases, sending off a cease and desist letter in the first place is desirable. This may save you costs and perhaps avoid opposition proceedings or having to go to court. With this cease and desist letter, you can notify the third party about your objections to the confusing name they are using. After the cease and desist letter has been sent off, you will find out whether the third party will meet your request to withdraw or (continue to) dismiss the confusing name or perhaps the third party wishes to negotiate and come to an amicable settlement.
Opposition proceedings or going to court
Based on your situation, we will advise you to conduct opposition proceedings or go to court.
Opposition proceedings
Opposition proceedings against the application for a confusing trademark can be conducted at the Benelux Office for Intellectual Property (hereafter BOIP) or the European Union Intellectual Property Office (hereafter EUIPO). This is a straightforward and relatively inexpensive way to act against anyone’s application for a younger trademark, based on your trademark rights. If the BIOP or the EUIPO approves of the opposition proceedings, the parties will be given the opportunity to solve matters by mutual agreement within a set period of time to (also called cooling-off period). If the parties fail to come to an agreement, the opposition proceedings will commence and the parties will be invited to submit their arguments. Based on these arguments, a decision will be taken. If the BIOP or the EUIPO decides in your favour, the confusing trademark will only be partly registered or not at all.
Going to court
Under attack by a third party
You have applied for a Benelux or Union Trademark. Suddenly you received a warning from a third party or perhaps a letter from the Benelux Office for Intellectual Property (BOIP), the so-called notice of admissibility of the opposition, or the European Union Intellectual Property Office (EUIPO), the so-called notice of opposition, stating that the third party has filed an opposition claiming your application for a trademark is a violation of older trademark rights.
What are your options? Markeys’ trademark advisors are pleased to help out in case any trademark disputes might present themselves. They will provide a noncommittal initial indication of your legal options, strategy and the costs involved.