The quickest way to resolve a dispute is to agree
Opposition proceedings against the registration of a sign as a trade mark are litigation proceedings that allow a limited number of third parties to oppose the registration of a later sign in the trade mark register. Oppositions will be considered by the Office, but you can also choose another solution - WIN-WIN TRACK.
Substantive examination of oppositions by the Office
WHAT'S AHEAD OF YOU?
- The procedure can take several years (1 - 5 years) in case of appeal and judicial review → legal uncertainty,
- the parties to the proceedings - applicant and opponent - will find themselves in the position of winner or loser.
WIN-WIN TRACK - victory without losers
- The parties' agreement is a quick solution that takes into account the interests of both sides of the dispute,
- legal certainty for both the applicant and the opponent,the applicant, after narrowing the list of goods and services to include the conflicting goods and services, will have the sign registered as a trademark or reach an agreement with the opponent to coexist in the marketplace,
- the opponent confirms the scope of protection arising from the earlier rights; and
- the opposition proceedings are discontinued - termination of the proceedings within 1 to 2 months of the application resulting from the agreement of the parties.
Embark on the WIN-WIN TRACK - ask for an amicable settlement period
- An amicable resolution* can lead to a quick outcome acceptable to all involved, reducing the stress, but more importantly the expense, of lengthy proceedings, whether before the office or the courts.
* Alternative (amicable) dispute resolution is also offered by the WIPO Arbitration and Mediation Centre. Detailed information is available at https://www.wipo.int/amc/en/
Lifecycle - Life line of WIN-WIN TRACK:
Once the oppositions have been filed and their formal deficiencies have been remedied, the Office will send both parties a leaflet with information on the WIN-WIN TRACK and information on what the substantive examination of the oppositions by the Office entails,
if the parties request a period of time for an amicable settlement of the dispute, the Office will send them a notice granting the period of time and stating the conditions for the fulfilment of the WIN-WIN TRACK,
if the parties make an application which is the result of their agreement and which makes it possible to discontinue the opposition proceedings, they shall comply with the conditions of the WIN-WIN TRACK,
WIN-WIN TRACK - the Office issues a decision to discontinue the opposition proceedings within two months.
For more detailed information - call our colleagues on 048/4300 235, 4300 393, 4300 317 who will be happy to advise you, or contact them by e-mail at: firstname.lastname@example.org