Claim Work in the Protection of IP Rights

Intellectual property (IP) today plays a pivotal role in business, encompassing everything from trademarks and company names to innovative developments and digital products. As the value of these assets grows, so too does the number of instances of misuse. Companies regularly face situations in which third parties attempt to register identical or similar trademarks, domain names, or even patent ideas and design solutions that are not their own, disguising them as original creations. Such infringements lead to reputational damage and financial losses.

To effectively counter these threats, it is critical to act swiftly and seek qualified legal support. Law&Trust specialists can provide a full range of services to assert and defend your exclusive IP rights - from initial analysis to drafting a formal complaint and initiating legal proceedings.

Why is it important to pay proper attention to asserting your IP rights?

Neglecting the protection of intellectual property entails serious risks for your business - ranging from significant financial losses to the loss of control over your most valuable intangible assets. Failure to act promptly may result in the forfeiture of exclusive rights. In some jurisdictions, for example, the “first-to-file” rule applies, meaning that rights belong to the first party to submit an application, not the actual creator or rightful owner. As a result, someone who registers your product before you could legally use your development and prevent you from doing so.

By failing to respond in time to violations, you create a favorable environment for fraudsters: cybersquatters (who occupy domain names), corporate raiders, and other malicious actors may demand a ransom for your own brand or domain name.

Therefore, it is essential to respond immediately to any signs of infringement and consult qualified experts who can take timely and appropriate action to secure your legal position before irreversible consequences arise.

What methods can be applied?

The approach depends on the type of IP object, the stage of the infringement, the jurisdiction, and the current status of your rights.

In practice, our attorneys use a wide arsenal of legal tools, which can be broadly categorized by the level of intervention:

Pre-trial claim work

It allows disputes to be resolved without involving government authorities.
Letter of Protest

In some countries, it is possible to submit objections even before the official publication of an application. This method enables the relevant authority to be formally notified of a potential rights violation.
Opposition

If your opponent’s application has already been published, our experts can initiate a formal opposition procedure against its registration.
Additional measures

Additional measures, such as filing a request to cancel a registered application by your opponent. The feasibility of such action largely depends on the jurisdiction and background of the case. This process tends to be more straightforward within the European Union.
Litigation

This is the most intensive measure, requiring meticulous preparation, evidence gathering, and professional legal representation. However, it is often through litigation that infringed rights can be fully restored.

Why should you contact us, and how can we help?

The Law&Trust International team stands out for its exceptional expertise in the field of IP protection.

Our services go far beyond standard paperwork or generic correspondence - we take a comprehensive approach to each case, carefully analyzing even the smallest details to provide you with an honest, professional opinion on your options and to offer the most cost-effective and result-oriented solutions. Each case is examined thoroughly to determine the root cause of the infringement, define the optimal protection strategy, and, when necessary, propose preventive measures to avoid recurrence.

We have extensive practical experience in resolving disputes both through national IP offices and by engaging the WIPO. Our negotiation skills in even the most contentious matters ensure that we can achieve the best possible outcome for you, even in complex and ambiguous situations.

What we offer?

In-depth analysis and assessment of the project, the opponent’s position, and our Client’s position to gain a full understanding of the case.
Development of the optimal strategy, case evaluation, and presentation of resolution options to the Client.
Pre-trial negotiations with your opponents.
Preparation and filing of opposition/cancellation requests/legal complaints against your opponent.
Communication with IP office representatives or WIPO, and courtroom representation.
Services related to the registration of your IP assets.

F.A.Q.

When should I start the claim process?

As soon as you become aware of the infringement. The sooner you act, the greater your chances of effectively stopping the violator, preserving your rights, minimizing financial losses, and avoiding the need for litigation.

What if my IP rights are not yet registered?

Even in such cases, protection is still possible. Law&Trust specialists can help build legal arguments and document your rights, even without formal registration.

How long does the claims procedure take?

The timeline depends on the complexity of the situation, the jurisdiction, and the opponent’s position. A simple pre-trial dispute may be resolved within 2-4 weeks. If the matter escalates to opposition or litigation, the process can take several months to over a year.

Our clients