Services
Services
Conflicts
Our experts handle many conflicts related to intellectual property.
Laidebeur & Partners intervene to obtain the refusal of rights registered after those of our clients, before the various intellectual property offices, particularly in the context of trademark oppositions, i.e. administrative actions dedicated to obtain the cancellation of younger rights colliding with our client’s trademark rights.
Our experts also bring:
- Cancellation actions, based on your older rights, or simply because a trademark does not meet the criteria for protection
- Lapse actions for non-use of trademark rights: indeed, when a trademark is not used for several years, it is possible to obtain its cancellation, after requesting proof of use of the trademark from its owner
Of course, we also defend our clients, for example when they are subject to an opposition or cancellation action.
In the field of shape or design protection or logos, our experts regularly file cancellation actions against registered designs that do not meet the requirements of novelty or individual character. That is, filings that are not sufficiently distinguishable from existing prior designs disclosed before the contested design filing.
For technical inventions, our experts can assist you in blocking the granting of patents, in all countries of the world, or in obtaining their cancellation before the offices or before the courts.
Finally, if legal action is required before the courts, we assist our clients in defining the strategy of attack or defence, and in having it implemented, in Luxembourg or in any other country in the world.
Our experts always take a European and international view of conflicts. We make use of the differences between the different legislations to obtain the most effective result for your case.
We always carry out prior research to detect possible rights or elements of the opposing party's situation, which will then allow us to attack or counter-attack, to find points of consensus or means of action to try to find a solution to a conflict.
Indeed, in the vast majority of cases involving the experts of Laidebeur & Partners, we favour negotiated solutions: an agreement is often preferable to a long and costly conflict!
The preparation and above all the implementation of a strategy, in attack as well as in defence, is particularly important to obtain the protection of your rights and interests. Our experts are at your disposal for an initial analysis, during a free consultation, which will enable us to propose options and solutions adapted to your needs.