We assess the chances, risks and possible routes free of charge. So you know where you stand before you commit to any cost.
Conflicts & Oppositions
You’d rather avoid a legal conflict, but sometimes action is unavoidable. Rise helps you with conflicts over trademarks, designs and trade names: pragmatic, decisive and always focused on the best solution.
When do conflicts arise?
Your trademark is infringed
Someone else is using a similar trademark for comparable products or services. This can lead to confusion and damage to your brand.
You receive an objection
You are accused of infringing someone else’s rights. Then swift and careful action is crucial.
Conflicting trademark application
A third party applies for a trademark that is too close to yours. Without objection, that application is often approved.
Opposition filed
You have filed a trademark and an opposition (= formal objection) has been filed against it. Or you file your own opposition against someone else’s application.
Online infringement
Infringing use on a website, webshop or platform. Think of free-riding on your name or reputation.
Cancellation required
An older trademark is no longer being used normally and is blocking your trademark. Cancellation can then be an effective solution.
Why taking action pays off
- You protect the value and exclusivity of your trademark
- You prevent confusion among customers
- You limit reputational and financial damage
- Early action reduces the chance of escalation
- Waiting too long can lead to loss of rights
- Oppositions are manageable and relatively cost-efficient
- You show that you take your rights seriously
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Quick initial assessment
Tailored strategy
No standard letters. We look at your position, the other party, the country and the commercial interests. Then we choose the most effective approach.
Solution first
Where possible, we opt for informal contact. That often works faster and more effectively than formal steps.
Combative when necessary
If no solution is reached, we take legal action: clear-headed, well-prepared and focused on results.
How we work in a conflict
Do you have any questions?
What is meant by a trademark conflict or opposition?
A conflict arises when someone infringes your trademark, design, trade name or other intellectual property rights. It can also happen that you are approached because someone else claims you are infringing their rights. An opposition or objection refers to a formal procedure against a third party’s trademark application.
Why is taking action in a conflict important?
An infringement can lead to customer confusion, reputational damage and financial loss. By acting in good time, you prevent a conflict from escalating and can limit damage. Acting quickly also increases the chances of a practical solution.
Am I responsible myself for taking action?
Yes. A trademark registration does not mean that conflicting trademarks are automatically refused. Trademark authorities usually do not actively check for this. As a trademark owner, you must take action yourself when your rights are being affected.
What are the benefits of early intervention?
By raising an objection or filing an opposition at an early stage, the commercial interests involved often remain limited. This increases the willingness to reach an agreement. Acting too late can lead to loss of rights through delay, making it more difficult, or even impossible, to take action at all.
What exactly is an opposition?
An opposition is a formal objection against a trademark application, filed with the trademark authority. It is a relatively accessible and straightforward legal remedy that focuses on the trademarks involved and the goods and services for which protection is sought.
Who is taking action against infringements relevant for?
Taking action against infringements is particularly relevant for trademark owners who want to preserve the value of their trademark, protect their reputation, and prevent third parties from free riding on their investments in branding and marketing.
What is your approach to conflicts?
Our approach is aimed at a quick and efficient solution, with the client’s interests as the starting point. Based on the situation, we determine whether an informal approach is likely to succeed or whether a more formal step is needed. A settlement is often preferred over a lengthy legal process.
If the conflict cannot be resolved amicably, we take decisive action and determine the most suitable next steps together with you.
How does the process work for a conflict or objection?
The process starts with a no-obligation consultation, in which we provide an initial assessment of the chances, risks and possible next steps. If necessary, a more detailed analysis of both parties’ legal position can be provided.
Based on that, we determine the strategy together and contact the other party. If this leads to an agreement, the matter can be concluded. If not, we prepare an opposition, a cancellation action or a defence.
Can you take over all communication?
Yes. We can take all communication with the other party and the trademark authorities off your hands. We work pragmatically in doing so, with an eye on cost control.
What are oppositions and cancellation actions?
An opposition is directed against a pending trademark application. A cancellation action relates to an already registered trademark. In both cases, we prepare the necessary documents and submit arguments in defence of your position.
These procedures are generally carried out on the basis of fixed fees. Additional work may only be required if further evidence is needed, for example concerning older trademarks or a claim to reputation.
What does taking action in conflicts or oppositions cost?
An initial assessment of the chances of success and the possible next steps is free of charge.
Fixed fees apply for further steps, depending on the type of procedure and the jurisdiction. Below is an overview of the most common costs:
Benelux (BOIP)
– Drafting or responding to an objection: from €150
– Opposition: official fees + our fee of €410 (indicative total €1,455)
– Cancellation action: official fees + our fee of €410 (from €1,830)
– Drafting initial substantive arguments: €420
European Union (EUIPO)
– Drafting or responding to an objection: from €150
– Opposition: official fees + our fee of €410 (total €730)
– Cancellation action: official fees + our fee of €410 (total €700)
– Drafting initial substantive arguments: €420
Other countries
– Costs: on request (depending on country and procedure)
All amounts exclude official fees and any additional work. Extra costs may arise when evidence needs to be submitted, for example concerning older trademarks or a claim to reputation. You will always receive a clear cost estimate in advance.
Do you also support other procedures?
Yes. We also provide support with related procedures, such as domain name disputes and notice-and-takedown processes.
Dealing with a conflict or opposition?
If you are facing an alleged infringement, or you want to object to a third party’s trademark application or use, we’re happy to assist you. We help you with a realistic assessment and a suitable strategy.
Contact us for a no-obligation initial consultation.
Dealing with a conflict?
Whether you want to take action against someone else or are being challenged yourself, we take care of the communication and strategy. Fast, clear, and without unnecessary escalation.
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