Enforce earlier rights or defend a mark with the appropriate procedure and evidence.
Choose the correct procedure
Opposition, revocation and invalidity are distinct procedures. Earlier rights, lack of registrability and non-use create different grounds. Jurisdiction, standing and the burden of proof must be assessed separately.
Deadlines and evidence
For German marks, the three-month opposition period runs from publication of registration; for EU marks, publication of the application is relevant. Check the actual register, fee requirements and scope of the challenge. Where proof of use is required, evidence must cover the relevant period, territory and goods or services.
Settlement and review
Similarity of signs, proximity of goods or services and distinctiveness interact. A coexistence agreement can sometimes resolve a conflict, but should define practical limits and future expansion. Appeals depend on the decision and procedure. Provide the marks, register extracts, correspondence and use evidence.
Official sources
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