How does an opposition to a Benelux or European trademark work?

If you suspect an infringement of your rights or after receiving a watch notice from your advisor, brantsandpatents can advise you on the best steps to take.

You may oppose the use of the infringing trademark and the registration of the infringing trademark. The procedures for doing so are different.

If, as a result of the monitoring of your trademark, you are timely notified of a pending application for an infringing trademark, opposition proceedings may be instituted against the registration of a trademark with the Benelux Office for Intellectual Property (BOIP) for Benelux trademarks and EUIPO for EUTMs.

Opposing the use of an infringing trademark can only be achieved by judicial means (unless it concerns a case of pure counterfeiting).

brantsandpatents often advises its clients to first write to a counterparty with a view to an amicable settlement. Often conflicts can be settled between the parties without starting proceedings.

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