DEFENCE

Innovation goes nowhere without protection. The registration of a trademark, utility model or design is a path that can become fraught with outright rejections or third-party oppositions. The possibility of having to lodge an appeal before the competent courts to defend our rights or respond to an accusation of a third party is also something to be considered.

At Clarke, Modet & Cº we seek for the most effective legal solutions to restore your Intellectual Property rights. This solution is either by means of an extrajudicial or judicial procedure.

 

We can help you with 4 main solutions:

Faced with a rejection from an official organization, we have the best professionals to interpose administrative proceedings against or in defense of the rulings passed by those official organizations responsible for the registration and filing of rights.

 

Injunctions are a friendly way of resolving infringements upon the rights of either party, as these can allow agreements to be reached without having to resort to the courts of justice. In this sense, we organize pre-judicial injunctions for the defense of Industrial and Intellectual Property rights, which include:

  • Preparation of injunctions due to infringements of rights
  • Response to injunctions
  • Infringement reports, comparative technical studies
  • Negotiation with counterparts
  • Drafting of extrajudicial agreements

When an agreement cannot be reached, our best professionals will study the feasibility of judicial action to prevent further appropriation of your rights, and as defense against the actions of third parties, which covers: 

We analyze the possibility of recovering the potential involuntary loss of the rights of a patent, utility model, design or trademark.