The trademark is undoubtedly the most important distinctive sign for expanding or consolidating a business in Europe and internationally. Competition rules and exceptions to the free circulation of goods and services in the EU must also be taken into account.
Collective marks, certification marks and geographical indications are also useful tools for enterprises and deserve special attention.
We guide clients through the identification of the most appropriate protection, while taking into account their global strategy and objectives. We offer tailor-made assistance to preserve their rights and answer all questions that may arise in the context of this protection, whether they arise in the context of administrative or judicial proceedings, or in a contractual context.
Our team handles complex agreements involving trademarks and other distinctive signs, where applicable in close collaboration with our Tax and Corporate teams to ensure a comprehensive approach to the client’s needs.
Administrative and judicial procedures
What to do when a trademark registration is refused or when there is a dispute between competitors? We assist our clients in administrative opposition, revocation and invalidity proceedings, as well as in appeal proceedings against decisions of the registration offices (BOIP or EUIPO) before the Benelux Court of Justice, the General Court and the Court of Justice of the European Union.
Our team is also involved in all types of legal proceedings relating to trademarks: judicial proceedings for invalidity and forfeiture, counterfeit proceedings, Benelux or pan-European injunctions, counterfeit seizure, customs seizures, etc.
Unique expertise in litigation
Simont Braun has outstanding know-how in litigation and enforcement. Our team handles major infringement cases for well-known trademarks and major industries in various sectors (luxury goods, food, retail, automotive industry, pharmaceuticals, etc.).
We represent our clients before the BOIP and the EUIPO, as well as before all Belgian courts (including the Supreme Court), the Benelux Court of Justice, the General Court and the Court of Justice of the European Union (CJEU). To date, our team has conducted more than thirty trademark proceedings before the General Court and the Court of Justice of the EU. It has also been involved in several preliminary rulings before the CJEU and the Benelux Court of Justice.
Alternative dispute resolution
Whenever possible, we exploit alternative channels of dispute resolution, including domain name arbitration. We are also experienced in administrative procedures relating to trademarks and geographical indications, as well as cross-border injunctions and customs procedures.
Our team has successfully conducted one of the first mediation proceedings before the EUIPO.