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MGNA Group

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Trademark protection in EU

Once you obtain a registration that is issued by EUIPO, you have a legal protection against third parties who file an application to register a similar trademark in a similar business field. In this case, you can raise an objection directly before the EUIPO by filing a notice of opposition.

Above all, you have a legal protection against any infringer - any competitor that is using your trademark without your authorization. In this situation, it is advisable to send a cease and desist letter, making the infringers aware of the possible consequences.

Depending on the circumstances of the infringement, you can endeavor to reach an agreement with the counterpart by means of a mediation process or you can directly bring legal action before the competent Civil Court with the advocacy of a lawyer. If the trademark is registered by the EUIPO, the competent national Civil Court of an EU Member State is entitled to order enforcement measures to prevent the infringement in all EU member-states. It is important to notice that these measures can anticipate legal protection even before the final decision, since the competent Civil Court can also issue preliminary injunctions effective that have power in other EU countries.

Often, the concept of trademark infringement coincides with the crime of counterfeiting, but not all trademark infringements can be considered counterfeiting.


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