Once you have a presence on the market, you are vulnerable. Your product, service, or trade mark can become the object of litigation at any time independent of whether you’ve protected your intellectual property or not!
A competitor can send you warning (a cease and desist letter). if you are infringing on his rights with your product, product name or design. Protective rights can also be contested in court at any time because they are not guaranteed by the Institute. In such a case, the court decides on the validity of a protective right.
Warning notices and the related deadlines from a competitor are serious. By requesting an excerpt from the register from your opponent you can gauge potential infringement better. In general, you should always consult an attorney in such cases. He can assess the legal status and recommend an effective strategy for responding. Grounds for litigation can often be voided, for example, when the accusing party’s protective title isn’t valid.
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