In some special cases, the best approach is to fight directly in the opposition or withdraw the trademark. However, negotiations are the most common and recommended scenario. We evaluate each case independently and always recommend a strategy that fits best your unique position. Here’s how our process works:
Step 1: initial case assessment and strategy recommendation:
We will conduct a free, detailed evaluation of your case to determine the best course of action. We will assess the strength of the opponent’s claim, potential overlap in goods/services, your case’s overall complexity and recommend preferred strategy.
Your role: Confirm the recommended strategy and submit the first payment to initiate the negotiation process.
Step 2: initial response
We will draft a persuasive legal letter explaining why your trademark is unlikely to confuse consumers, highlight differences in goods/services and target audiences to strengthen your position and invite the counterparty to negotiate coexistence terms.
Your role: Review and approve the initial response.
Step 3: Negotiations
If the counterparty agrees to negotiate, we proceed with structured discussions to finalize coexistence terms and propose mutually acceptable solutions that protect your trademark rights while addressing the counterparty’s concerns. We will manage all communication to ensure a professional and consistent approach.
Your role: Submit the second payment to continue negotiations and provide input if needed.
Step 4: Settlement or alternative actions
If the counterparty agrees to coexistence:
We will draft or review a legally binding coexistence agreement or undertakings if required. We will file any required documentation with the relevant trademark office to secure your trademark registration.
If the counterparty refuses to negotiate or no agreement is reached:
We will evaluate the situation and recommend one of the following:
One extra round of negotiation: A second attempt to persuade the counterparty to agree to coexistence.
Limitation of goods and services: Narrow the scope of your trademark application to remove overlapping goods/services, reducing opposition risk without explicit agreement.
Defend in opposition: Proceed with formal opposition defense if your case has strong arguments for success.
Withdraw the application: End the process to minimize costs and explore rebranding options if defending is not viable.
Your role: Confirm the new strategy based on our recommendations.