TRADEMARKS AND DESIGNS
Disputes over trademark rights may arise both during the registration procedure and in connection with already registered trademarks. Our trademark litigation services include representation in trademark opposition and cancellation proceedings, while in trademark infringement proceedings we team up with the attorneys of Danubia Legal to help you enforce your rights.
Our considerable expertise and experience, and enviable track record in enforcement proceedings of all kinds constitute one of Danubia’s key strengths. Given that enforcement is a rather general term, though, it is worth first exploring the different types of dispute which may arise with respect to trademarks and designs.
Status Disputes, such as opposition proceedings, invalidation including cancellation, invalidation on the grounds of the trademark not being put to use, and applications filed by agents or filed in bad faith all require careful handling and, depending on their nature, may be decided before national authorities, before the EUIPO or even in a member state of the EU in the case, for example, of a counterclaim.
A preliminary injunction (PI) may commonly be obtained early in trademark infringement litigation with the aim of limiting or stopping the use of an allegedly infringing mark before a final ruling of the merits of the case. Infringement itself covers a broad range of activities from simple counterfeiting, where a request for PI may easily be obtained, right through to quite sophisticated and concealed infringement. Injunctive relief, however, may be more difficult to obtain, if you delay enforcing your rights once the alleged infringement has come to your initial attention.
It is quite customary in infringement suits for a defendant to file a counterclaim for invalidity or initiate a cancellation action on the grounds of the trademark not being put to use.
Litigation may also involve a combination of injuries resulting from passing-off and trademark infringement. Within the scope of such complex litigation we would typically start by conducting a detailed assessment of the situation and proposing you a feasible course of action.
Given that trademark-related disputes can range over a number of different countries and even extend worldwide, we set great store by our expertise and proven track record in protecting and enforcing the rights of multinational companies at such a level.
Domain Name Disputes
Although Hungary is not a member of ICANN (the Internet Corporation for Assigned Names and Numbers), a similar domestic body is in place to decide on domain name disputes. Parties also have recourse to the courts to rule on disputed domain names.
Newly filed domain name applications are published, allowing a short period during which any oppositions may be filed. Our expert staff constantly monitor domain name applications that may potentially violate your rights and enjoy an enviable success rate in domain name oppositions, leading to such applications being invalidated within two to three weeks.
Customs Monitoring and Enforcement through Taxation Authority
We provide legal representation in customs monitoring proceedings, which provides effective protection in acting against infringing products entering the market from abroad.