Trademark & Design

Our trade mark specialists assist some of the world’s most famous brands, including in high-profile cases. We offer the full range of services relating to the enforcement, use, protection and transfer of trade marks, trade names, designs and geographical indications. We help our clients devise tailor-made strategies to protect their corporate image and brands.

We have been involved in many high-profile trade mark cases and regularly act before the national courts, the Court of Justice of the European Union, the European Union Intellectual Property Office, the Benelux Office for Intellectual Property, national trade mark offices and the World Intellectual Property Organisation. In addition to being skilled litigators, we are also experienced negotiators. We always strive to achieve the best possible result for our clients.

Our clients count on us to come up with effective anti-counterfeiting strategies, notably through customs seizures, in order to prevent infringing goods from entering the EU. We know how to use the possibilities afforded by the Enforcement Directive, including ex parte evidential search and seizure orders, to obtain evidence of potential infringements.

REPRESENTATIVE WORK
- Enforcing a 3D trade mark relating to a medical dispensing system in various proceedings in the context of pan-European litigation; defending the shape mark in nullity proceedings and against claims for revocation before the national courts.
- Acting as lead European counsel in a complex global dispute relating to famous vodka trade marks, including successful litigation before the Dutch Supreme Court and the European Court of Human Rights; representing various other associations and multinationals in the food and beverage sector in and out of court.
- Securing injunctions and protecting designs for a potato company in cross-border litigation against a global competitor before the EU Intellectual Property Office and various national courts.
- Representing a leading electronics manufacturer, including in proceedings relating to the use of a designation for new TV technology and in various judicial and administrative proceedings relating to the use of a designation for smart objects.
- Advising and representing a large confectionary company against a well-known energy beverage maker in preliminary injunction proceedings based on an advertising claim in the framework of a large-scale product launch.
MORE EXAMPLES
- Providing continuous advice on trade mark and unfair competition law to a sweets company pertaining to the launch and distribution of its newest confectionary product, including worldwide legal coordination of the launch.
- Obtaining a cross-border injunction and seizure orders for a pharma client against a parallel importer of counterfeit medical devices.
- Representing several fashion brands in proceedings to obtain injunctions and seizure orders.
- Advising and representing a car manufacturer with regard to the defence of one its most highly valued trademarks.
- Advising and representing a famous hotel brand against a well-known luxury fashion house in proceedings relating to a fundamental and controversial trade mark issue.
- Acting as international lead counsel for a renowned fashion brand and obtaining EU-wide injunctions against trade marks used by two international clothing chains.
- Helping a longstanding client in the chemicals industry stop a network of infringers using illegal paint mixing software.
- Litigating various trade mark infringement cases for a manufacturer of high-end design and building materials.
- Representing (the estates of) famous pop stars against trade mark infringements.
- Acting on behalf of numerous luxury brands to secure injunctions against the hosts of counterfeit websites and other intermediary infringers.
- Protecting the eye-catching design of a popular cosmetics product against copycats and major competitors, from market launch to enforcement, thereby contributing significantly to the success of the product and helping to preserve its uniqueness on the market.
- Representing a leading electronics multinational in European opposition and invalidity proceedings.
- Securing, on the basis of customs detentions, a cross-border injunction, product recall, damages and a public retraction to protect a watchmaker’s brand against a network of counterfeiters.
- Supporting and managing various leading brand portfolios (e.g. cars, confectionery, lighting and online platforms).
TRADEMARK & DESIGN PROSECUTION
- Representing the world’s leading beverage company for trade mark portfolio management and litigation (including before EUIPO).
- Assisting a leading international tobacco company with trade mark portfolio management and litigation (including before EUIPO).
- Coordinating global clearance for an internationally known trade mark in all countries worldwide, with the exception of the US, Canada and China, including a global clearance search involving at least nine names for no fewer than 10 classes of goods and services.
- Assisting a leading US manufacturer of batteries and smart power systems with the protection of its design portfolio before EUIPO.
- Advising a leading innovative company in the field of water-saving technology on the protection of its designs worldwide.
- Advising the world’s leading canned food company on trade mark portfolio management and litigation (including before EUIPO).
- Representing a leading frozen food company for trade mark portfolio management and litigation.
- Registering and defending a colour mark for a pharmaceutical product in various opposition and invalidity proceedings.