Having trade mark protection is just the start; enforcing trade mark rights against others is also critically important to our clients. At Mewburn Ellis we make sure we stay on top, asserting IP rights in the most appropriate way to meet both legal and commercial aims.
We are on hand to advise and represent our clients at the relevant trade mark office. We ensure strong enforcement of trade mark rights to prevent others from obtaining protection for conflicting marks.
We have an excellent reputation for prosecuting oppositions and cancellation actions on behalf of clients at the UKIPO, as well as at EUIPO for clients with EUTMs covering the EU.
Of course, should the boot be on the other foot, we also have great experience in successfully defending our clients’ applications against oppositions brought by others, and so helping the mark to become registered.
When it comes to oppositions, local expertise is essential. Trade mark oppositions and cancellation actions can be complicated matters, both procedurally and in terms of legal arguments and evidence. This is particularly so for UK proceedings, which often have tight deadlines and strict procedural requirements. This is why so many overseas IP attorneys as well as local clients rely on our trade mark team to represent their clients’ interests in the UK and the EU.
We represent clients at oral hearings and appeals at the UKIPO. We have also been involved in appeal procedures before both English Courts and the Courts of the European Union, in particular the General Court.
We also have a good track record at successfully negotiating amicable settlements with adverse parties. This can be either as an alternative to fighting out an opposition or cancellation, or in tandem with such proceedings to maximise leverage on the other side. We can then formalise settlement terms in expertly prepared coexistence agreements.