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Author Topic: Knockoff Brand filed trademark in EU days before we filed  (Read 532 times)

jamesd1112

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Hi and thanks to anyone who has time to provide any precedent or personal experience with this matter.

We are a US based consumer products brand who ships worldwide. We filed our EU trademarks shortly after we gained traction. It now appears someone (who is using an exact ripoff our logo, website design, packaging etc) filed a mark for a similar name days before we did.

We have extensive online sales in these territories through both online/direct to consumer and retail distributors. 

I feel we already have a strong case that their marks were filed in ill will. I would love to have some legal precedent to research regarding similar cases where this occurred.

Thank you again for you time.

J
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MYK

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Re: Knockoff Brand filed trademark in EU days before we filed
« Reply #1 on: 02-06-17 at 12:22 am »

Hi James,

If they have ripped off your logo, that would be protected under copyright, and so you should be able to stop them on that basis.  Some EU countries allow a limited form of trademark rights from usage, including Germany, and so that would be another basis.  England is still an EU member, and their trademark rights stem from use, so there too, you can stop them.

Depending on if and when you registered your U.S. mark -- or a mark in any other Madrid Convention country -- you may be able to claim priority to the prior registration, thus predating their filing.

I can recommend an EU law firm to you to handle it.  They handled a similar situation for my company.  I will send it by PM.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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