The five most frequently asked questions about Conflict Resolution
How can Chiever assist in resolving a trademark conflict?
If our client is involved in a trademark or copyright dispute, we begin by assessing their legal position. What are the odds and what are the possibilities? Then we determine the strategy and an action plan and discuss this with them. Sometimes, this starts with a solid summons letter to the other party, but there may also be reason to immediately file an opposition or start another legal procedure.
What is a summons letter?
A summons letter explains in sound legal argument that the other party is in the wrong. The letter is an urgent request on your behalf, to immediately stop the infringement of your rights. If the other party does not comply with this request, an opposition procedure or another type of legal proceeding can be initiated.
What is an opposition?
An opposition is an administrative procedure in which a trademark owner tries to prevent a similar trademark registration. During an opposition, the customer must demonstrate the risk that consumers may confuse the new brand with the older registration. We carry out many oppositions for our customers, at the Benelux Trademark Office, the European Trademark Office, but also in non-EU countries. We have a lot of experience in conflict resolution and our results are good.
What kind of conflicts can Chiever advise on?
We help clients with trademark conflicts but also in matters concerning copyright or design. We assist with trade name conflicts and can initiate proceedings at the District Court if required.
Do conflicts always have to be resolved through legal proceedings?
The most important thing is that a trademark conflict is resolved as quickly as possible in your preferred manner. Sometimes legal proceedings are the only way to do so, but other times it turns out that a simple phone call with the other party’s lawyer or adviser can provide the solution. If this is an option, we always recommend choosing this route because avoiding legal proceedings is preferable.
Is your question not listed here? Feel free to contact us!