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Home Trademark legal assistance Defend trademark from cease and desist letters or oppositions

Defend trademark from cease and desist letters or oppositions

When you are using a trademark, as well as you are the owner of a filed or registered trademark, you could receive disputes. In this case it will be necessary to defend your trademark in the best way possible.

Cease and desist letter and opposition to registration trademark

The most common trademark disputes

There are many kind of disputes, including, for example, a cease and desist letter or an opposition to a trademark or judicial actions, these latter argument not treated in this article

Cease and desist letter

Speaking in general, it is not possible to state all the grounds on which a cease and desist letter can be based, because they can be many.

A cease and desist letter, which is sent when it is believed that there has been a violation of the law, consists of an letter (usually a registered letter or PEC) that request that and individual or organization take an action or refraining from doing it, with a threat of the consequences that the failure to comply with the invitation could determine.

 Examples of requests you can find in a cease and desist letter are:

  • Request to withdraw a trademark application claimed to be in violation of an earlier right;
  • Request to cease using a trademark and to collect the goods bearing that trademark;
  • Request to cease the use and/or modify other distinctive signs (for examples, company names, domain names), which are also assumed to be in violation of an earlier right;
  • Request to formally undertake not to use nor file a trademark identical with or similar to an earlier trademark

How to reply to a cease and desist letter: the role of a consultant

In a cease and desist letter there may also be other requests and it is important that you evaluate them with your consultant, who can show you if the cease and desist letter is well grounded or not, if you have arguments for your defense and, in general, what is the best strategy to adopt for protecting your business.

Opposition to the registration of a trademark

Another kind of dispute is the opposition to the registration of a trademark.

If you have filed a trademark application, you could receive the notification of an opposition to its registration.

Legitimated subjects (for example, owners of earlier trademarks ) may ask the competent authority to refuse registration.

We remind you that to minimize the risk of receiving an opposition it is advisable to carry out a trademark search to find out in advance if your trademark is identical with or similar to an earlier trademark

How to reply to an opposition: the role of a consultant

If the opposition is filed to an Italian or EU trademark application, the deadline for the filing of the opposition is three months from the date of publication of the contested trademark.

The deadline for the opposition to a trademark filed in another State (for example, a US trademark or a Chinese trademark) can be different and it is important that you speak with your trusted advisor who will check the deadline and will study the opposition, deciding if it is well founded. It will highlight a defensive strategy and quantify your chance of success.

Do you want to defend your brand from disputes? contact us
Summary
Defend trademark from cease and desist letters or oppositions
Service Type
Defend trademark from cease and desist letters or oppositions
Provider Name
Lawyer Eva Troiani,
Via Pasquale Revoltella,Rome,00152,
Telephone No. +393382938021
Area
Registration and protection of trademarks
Description
When you use or file a trademark, you can get a dispute. Talk to a professional to stand up for yourself and defend your brand

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Eva Troiani

Eva Troiani (Attorney At Law)

Eva Troiani has been working for over 15 years dealing with all aspects of the trademark: from trademark application to trademark registration worldwide, providing assistance in the event of disputes; she proposes an extensive legal advice to companies and professionals. She is the author of all the articles in this website “registrar-marchio.com”, a project created with the aim of providing useful and updated information on the trademark’s world to all readers. You can follow the lawyer Eva Troiani also on her Linkedin profile.


 

Eva Troiani

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For registration and protection of trademarks

The texts in this database are only for informational and scientific purposes and they are not to be considered official; we therefore decline any responsibility for possible errors or inaccuracies. All mentioned trademarks belong to their legitimate owners; trademarks, product names, trade names and the images of the products are the property of their respective owners. They are used in this database only for informational purposes, without any purpose of violating existing rights of others.
The information you obtained at this site is not, nor is intended to be, legal advice. You should consult Ms. Eva Troiani and/or a trademark attorney and/or an attorney at law handling with intellectual property for individual advice regarding any legal questions that you may have.

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  • Eva Troiani law firm: trademark registration and legal protection
  • The Project Registrare-Marchio.com
  • Where to register a trademark
  • The Verification of Trademark’s Requirements
  • Trademark Search: identity and similarity
  • Filing a Trademark Application
  • Graphic Creation of a Trademark
  • Trademark protection: the surveillance service for the protection of your brand
  • Trademark Opposition Proceedings
  • Trademark Assignment and Licence Agreement

Contact

Eva Troiani (Attorney At Law)

P. Iva IT07106461002
+39.338.29.38.021
info@marchiebrevettiroma.it
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