Infringement advice

You have ascertained that a person is infringing your trademark rights. What can you do?

 

Being the owner of a trademark, you may for instance object to the following:

  • Later use of similar or identical trademarks for similar and, in some cases, different goods and/or services
  • The later use of trade names, insofar this may confuse the public
  • The later registration of similar or identical trademarks for similar products and/or services.

 

You may object to infringement in several ways, obviously this will depend on how your trademark has been infringed.

 

Infringement through use

If a third party is infringing your trademark by using a corresponding or identical trademark or a similar or identical trade name, we can send out a cease and desist letter to the infringing party on your behalf in which we demand that infringement ceases without delay.

 

Infringement through registration

If a third party is infringing your trademark through registration, you may initiate an action against this type of infringement by filing an opposition against the trademark application or by initiating an invalidity action against the trademark registration. We will be pleased to assist you.

 

Use

Please bear in mind the fact that if you, being the trademark owner, have tolerated a registration or the use of your trademark or a similar trademark by a third party for a period of five years or longer, you no longer have the right to objection against this trademark.

 

Procedure and advice

Should anybody infringe your trademark right, we can first seek for a an amicable solution. The first step will be to contact the infringer to see whether he is prepared to negotiate. If this attempt, fails we can initiate legal proceedings. We kindly recommend contacting our advisors at the Legal Section of Nederlandsch Octrooibureau for a tailor-made expert advice.

 

To take measures on time we strongly recommend the following:

  • Keeping a close eye on the market and informing us at the earliest stage possible
  • Subscribing to a watch service for your trademarks, which means we can warn you in case similar trademarks have been filed for registration for the same kind of goods and services.