We represent trade mark and design owners, applicants and opponents in administrative disputes before OSIM and EUIPO. Our focus is to identify the real legal and commercial issue early, distinguish strong arguments from peripheral ones and assess whether the dispute should be fought, narrowed, settled or restructured.
Proceedings covered
- Oppositions against Romanian trade mark applications before OSIM.
- Responses to oppositions and defence of applications.
- Appeals/contestation proceedings against OSIM decisions.
- Responses to appeals filed by opponents or other parties.
- EUIPO opposition proceedings.
- EUIPO cancellation and invalidity proceedings relating to trade marks and designs.
- Responses to absolute-ground objections, provisional refusals and registrability objections where contentious elements arise.
Typical legal analysis
- Comparison of signs from the visual, phonetic and conceptual perspectives.
- Assessment of the distinctive and dominant elements of each sign.
- Comparison of goods and services by nature, purpose, method of use, distribution channels, competition, complementarity and relevant public.
- Assessment of likelihood of confusion and likelihood of association.
- Review of reputation, enhanced distinctiveness, non-registered rights, company names, copyright and bad-faith arguments where factually supported.
- Evidence strategy: use, market presence, turnover, advertising, consumer perception, priority and chain of title.
Procedural strategy
- We review the challenged decision and the complete procedural history before drafting. A successful appeal is rarely a repetition of the earlier submission. It should identify exactly where the examiner or opposition division applied the wrong test, gave excessive weight to a weak element, ignored relevant evidence, or drew an unsupported conclusion.
Settlement and proportionality
- Where appropriate, we assess coexistence, limitation of goods/services, withdrawal, undertakings or negotiated settlement. A dispute should be measured against the value of the right, the commercial importance of the market and the probability of later litigation.
Indicative professional fees
| Service | Indicative fee |
|---|---|
| Preliminary dispute assessment | from EUR 350 + VAT |
| OSIM opposition – professional fee | from RON 1,650 + VAT, plus official fees |
| Response to OSIM opposition | from EUR 450 + VAT |
| OSIM appeal / contestation | from EUR 750 + VAT, depending on complexity |
| Response to OSIM appeal | from EUR 650 + VAT |
| EUIPO opposition / cancellation matter | from EUR 900 + VAT, plus EUIPO official fees where applicable |
| Complex evidence-heavy dispute | EUR 95/hour + VAT |
Indicative professional fees only. VAT and official OSIM/EUIPO fees are not included unless expressly stated. Final fees depend on the number of rights, classes, territories, procedural history, volume of evidence and complexity. A written quotation can be provided before work begins.
Discuss the scope before filing or taking action
We can first identify the right, territory, procedural route and expected cost, then confirm the work to be undertaken before any filing or contentious step.
Contact Weizmann & Partners