LITIGATION

Marchio

Thorough risk assessment, estimation of achievable results and advice on the most appropriate action or defence – in your sole interest – to calmly address any IP litigation by balancing estimated costs and benefits

Support with customised and targeted assistance, assessing the most effective action to take in the event of litigation and defining the most advantageous line of defence based on your objectives

Support in out-of-court and in-court disputes in foreign countries thanks to our well-established network of partnerships with international IP professionals and lawyers

What can be done to defend distinctive business marks

OFFICIAL ACTION
RESPONSE

Response to official action by the Trademark Office, between the filing of the application and publication

WARNING
AND OPPOSITION

Actions following the detection of a conflicting trademark application

TERMINATION OF USE
OR ACQUISITION

Negotiations to prevent the use of a trademark in conflict with one’s own 

LEGAL
ACTIONS

Support in out-of-court and in-court disputes to protect against the use of a conflicting trademark

CANCELLATION
ACTION

Actions toward conflicting trademarks subsequently registered

In Italy, intellectual property cases are decided by specialised business courts, i.e. by judges who have particular expertise in the field of industrial and intellectual property.

If no out-of-court resolution of the conflict can be reached, you will have to take action (or defend yourself) before a court. The dispute thus becomes a court case that must be dealt with in a focused, careful and decisive manner. A qualified team of IP lawyers and consultants therefore guarantees you a specialised, pragmatic approach to adequately defend your rights, foresee possible risks and significant economic consequences.

We support our customers by declining the service according to their needs and dimensions

Do you want to be defended by experienced IP legal professionals?

We can help you defend your trademark portfolio in any lawsuit in Italy and abroad

FAQ

When is a trademark case necessary?

With administrative proceedings (especially challenges) we can prevent a third party from registering the trademark, but not from using it.
To prevent a third party from using a trademark, if no agreement can be found, the only way to get an injunction against its use is through the courts.

How long can a lawsuit take?

It depends on the type of case.
A protective measure can be ordered in just a few weeks or months. An ordinary case takes longer, two to three years, or even a few years more, depending on the complexity of the pre-trial phase.

Are there any risks to filing a lawsuit?

Before taking legal action, it’s essential to perform a thorough analysis of the situation in order to identify any harmful situations and balance the risks and benefits.