The correct representation for defending or pursuing oppositions, cancellation actions and appeals is essential. At D Young & Co we are well placed to support you in your IP opposition and cancellation proceedings.
Patent oppositions & appeals
The European Patent Convention (EPC) provides an opposition procedure which allows for the validity of granted European patents to be challenged centrally. For businesses concerned about third party patent rights, the procedure offers a cost effective tool for contesting problematic patents. Where typically patent opposition occurs during the early stages of protection, an opposition must be filed at the European Patent Office (EPO) within nine months of the grant of the patent in question and therefore it is important that businesses keep an eye on the patenting activities of at least their main competitors.
We are experienced advocates before the EPO Opposition Divisions and Boards of Appeal. We regularly practice across all technological areas both for established clients and on an ad hoc basis for new and returning clients who entrust us with matters of particular importance to them.
We have particular expertise and a good success rate in both defending commercially important patents and clearing the way of third party patents so our clients can continue their commercial activities without fear of patent infringement.
Trade mark oppositions & appeals
We are experienced in handling all aspects of trade mark opposition and cancellation proceedings before the UK Intellectual Property Office (UKIPO), the European Union Intellectual Property Office (EUIPO), as well as related appeals before the Appointed Person, the High Court (in the UK), and the Court of Justice of the EU. We also co-ordinate actions on a worldwide basis through our network of trusted overseas associates.
We pride ourselves on our ability to take a proactive, tactical and business-minded approach to such matters to achieve the best possible outcome for our clients, both legally and commercially.
Cancellation actions before the UKIPO & EUIPO
We were recently successful in overturning a decision of the Board of Appeal of the EUIPO in invalidity proceedings at the General Court. We were also able to successfully resist revocation actions at the UKIPO and EUIPO against the trade mark registrations relied upon in the invalidity proceedings for the client’s core services.
Oppositions before the UKIPO & EUIPO
We have handled over 30 oppositions at the UKIPO and EUIPO on behalf of a client in the lifestyle and performance footwear sector. The vast majority of these matters were successfully resolved in the client’s favour.
Overturning EUIPO decisions at the General Court
We were successful before the General Court in overturning decisions of the Opposition Division and Board of Appeal of the EUIPO in a case on behalf of a client in the pharmaceuticals industry. We were also recently successful in overturning decisions of the Opposition Division and Board of Appeal of the EUIPO in a appeal on behalf of a client in the hospitality industry.
UK High Court
We acted for a client in the lifestyle and performance footwear sector and successfully resisted an appeal to the High Court by an applicant (a competitor of our client) whose trade mark applications we had successfully opposed on absolute grounds at the UKIPO.
We were successful in cancellation proceedings before the UKIPO in relation to a UK registration for a logo mark which took unfair advantage of a famous logo of our client.