Assessment of conflict or infringement

The aim of a trademark registration is to obtain an exclusive right to your trademark, so that your unique “face” can be presented by you alone and third parties must maintain a sufficient distance from it. Sometimes this distance is short, for example if a third party uses a trademark that is too similar to yours for products or services which could also originate from you. If you do not lodge an appeal, you give a free rein to your competitors and lose the unique identity of your trademark. Your products and services then look like all the rest, which can seriously damage the recognisability of your trademark.

To prevent this, it is very important for a specialised Arnold + Siedsma trademark attorney to intervene in an expert, effective and appropriate manner to have the use of the obstructive trademark stopped. Speed is of the essence here. Our trademark department, together with our lawyers, can offer precisely the assistance that your situation requires. This of course also applies to situations in which a third party claims that you are infringing its rights. Arnold + Siedsma is ready to safeguard your interests in defence or prosecution.

Our specialist attorneys will check the register for other potential rights and will advise you on your legal position. In practice, evidence suggests that many situations of conflict between parties can be resolved. In this mediating role, Arnold + Siedsma focuses on the one hand on establishing the right legal conditions to enforce your interests. On the other hand, a workable solution is at least equally important, and we also take practical, commercial and financial aspects into account. However, if the parties fail to reach an amicable settlement to the dispute, Arnold + Siedsma’s legal department can defend your interests through the courts. Thanks to the close contact with our trademark and legal department, you can rest assured that procedural aspects and possible consequences of the chosen legal strategy are already taken into account at an early stage.

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