Infringement advice

Have you discovered that somebody is infringing your trademark rights and do you want to take action to stop it? Together with NLO Shieldmark, you can develop a strategy to combat trademark infringement. First of all, we will send the infringing party a cease-and-desist letter and then conduct negotiations with them if necessary. If this does not lead to a satisfactory outcome, we can commence legal action against the trademark infringement on your behalf. 

 

Types of trademark infringement

You have a number of options when it comes to taking action against trademark infringement, which naturally depend on the type of infringement committed against your trademark. As a trademark holder, the type of infringement you can take action against includes:

 

  • the subsequent use of similar or identical trademarks for similar and in some cases even dissimilar, goods and/or services;
  • the subsequent registration of similar or identical trademarks for similar goods and/or services;
  • the subsequent use of trade names, insofar as this might be confusing or misleading for the general public;
  • the later use or registration of domain names.

 

Trademark infringement by usage

If a third party commits a violation of your trademark rights by using a similar or identical trademark or a similar or identical trade name, NLO Shieldmark will send a letter on your behalf to the infringing party demanding that they cease and desist with the violation of the trademark.

 

Trademark infringement by registration filings

If a third party commits an infringement of your trademark by filing a registration at a later date, you can take action against this form of trademark infringement by instituting opposition proceedings against the trademark application or by commencing a nullity action against the trademark registration. Naturally we can take this kind of legal action on your behalf.

 

Prompt intervention against trademark infringement

As a trademark holder, you should take into consideration the fact that if you tolerate the registration or the use of your trademark or a similar trademark, by a third party for a period of five years or more, you will no longer be able to take action against such. To make sure you act on time against trademark infringement, we strongly recommend that:

 

  • you follow the market carefully yourself and then ask us to take action on your behalf as early as possible or
  • take out a monitoring service subscription with NLO Shieldmark, which means that we will warn you immediately if similar trademarks are submitted for registration for the same types of goods and/or services.

 

Contact

Would you like tailor-made advice about trademark infringement? If so, contact one of the trademark attorneys of NLO Shieldmark.

 

Contact us

Fake invoices

Fake invoices are unfortunately a well known problem among trademark owners. A fake invoice is a misleading invoice (or letter) which reffers to a trademark, design, patent or patent application. A payment is requested for a publication in a register or to extend the validity of a registration.They use names like Worldwide database or Trademarks and Patents, Euro IP Register, International Patent & Trademark Database.

 

More information and examples of fake invoices

 

Our advice: don't pay. Please contact us is you have any doubts.

NLO Shieldmark wins Award ‘Benelux - Firm of the Year for Trade Mark Prosecution’

NLO Shieldmark is proud to have been voted ‘Benelux - Firm of the Year for Trade Mark Prosecution’ by the highly respected Managing IP magazine. The award was presented on Thursday 10 March 2016 in London.

 

We wish to thank our clients and fellow professionals for their positive feedback and for believing in our quality and service.