Contentious proceedings

The key to success for an entrepreneur is to obtain and then effectively use the intellectual property rights he owns.

Maintaining exclusivity (which often means great effort and cost) requires attention, commitment, as well as determination. We have witnessed and are witness to the problems generated by the identification of an application by other entrepreneurs for a trademark, industrial design, invention or utility model that genuinely infringes the rights of our clients.

We know how important a role industrial property rights granted by the Polish Patent Office, EUIPO or EPO play in business.

We are well aware of how much can be gained by taking care of this exclusivity. On the other hand, we are aware of how much can be lost by allowing analogous exclusivity to other entities, which can become unfair competitors overnight.

Bearing in mind the situations and risks described above, we offer comprehensive services for monitoring and identifying various types of third-party filings made in violation of customer rights.

Quick and efficient identification of such cases allows us to take action tailored to the situation, in order to effectively and through the selection of optimal instruments block the acquisition of a right that can realistically harm the entrepreneur.

We represent clients both before administrative authorities and before courts.

We conduct opposition proceedings in all IP matters before domestic and foreign authorities, i.e. before the Polish Patent Office, EUIPO, EPO.

 In turn, before local authorities and courts of other countries, we take action using the support of foreign law firms in which we have full confidence and with whom we have been cooperating for years.

We conduct proceedings for invalidation of: a patent, a trademark, utility model and registration of an industrial design.

 Our activities also include conducting revocations proceedings with relations to third-party rights that are not used, and thus unauthorizedly block the development opportunities of our clients. We file observations on behalf of clients that can effectively block third parties from obtaining rights.

We also take each of the above-mentioned actions in the course of litigation as part of our adopted litigation strategy, for example, as counterclaims (as a defense strategy).

 We know from experience that timely (prompt) blocking of someone else’s application or cancellation of registration increases the chances of eliminating the risks of unfair practice of a potential competitor.

 Many times it happens that a third party begins to take advantage of the right granted to it unjustly, and becomes a real threat to the client’s business and thus exposes it to both image and financial losses.

At FGGH IP, we provide advice on how to effectively invalidate or revoke a right that interferes with the client’s rights. Before taking the above-mentioned actions, we always discuss with the client what opportunities and risks are involved in the implementation of the assumptions made.