ENFORCEMENT · OPPOSITION · INFRINGEMENT
Defend what
is yours.
A registered trade mark is only as strong as your willingness to enforce it. As both a Registered Trade Mark Agent and a practising solicitor, all enforcement work is handled directly — from initial correspondence through to High Court proceedings if necessary.
Opposition proceedings. If a third party files a trade mark application that conflicts with your registered mark, you have the right to oppose it during the three-month publication window. We prepare and file oppositions at IPOI and EUIPO and manage the full opposition procedure on your behalf.
Defending an opposition. If your application is opposed, a written response is required within a set deadline. We prepare defence submissions and, where appropriate, negotiate a resolution through consent, co-existence or withdrawal.
Cease and desist. Where a third party is using a mark that infringes your registered trade mark, a well-drafted cease and desist letter is often the most efficient first step. Many disputes are resolved at this stage without the need for formal proceedings.
Infringement and passing off. Where a dispute cannot be resolved by correspondence, infringement proceedings in the High Court or Circuit Court may be appropriate. As a solicitor with High Court commercial litigation experience, these matters are handled directly.
Co-existence agreements. Where two parties can legitimately use similar marks for different goods or services, a co-existence agreement properly drafted and filed with the registry provides a legal framework for both parties to operate without ongoing conflict.
"A trade mark that is not enforced is a trade mark that is not protected. Speed of response matters — most trade mark proceedings have strict time limits."
Most enforcement matters are best resolved quickly and commercially — not through protracted litigation. An early, well-drafted letter or direct call from a solicitor often resolves a dispute before it escalates.
If you have received a cease and desist letter, are facing an opposition, or have identified an infringement of your mark, contact us immediately. Time limits apply to most trade mark proceedings and missing them can be fatal to your position.
Oppositions
Filing and defending opposition proceedings at IPOI and EUIPO.
Cease & Desist
Correspondence to infringers — direct, effective, solicitor-issued.
Co-existence
Negotiating and drafting agreements to resolve disputes commercially.
Litigation
High Court and Circuit Court proceedings where correspondence fails.
Facing a trade mark dispute?
Contact us immediately. Time limits apply to most trade mark proceedings.