IP insightsSample article

Trademark Squatted? Four Practical Responses

If someone has registered your brand name, don't panic. Depending on the situation, there are different ways to respond.

Trademarks follow a first-to-file principle, so a brand that isn't registered early can be taken by someone else. If this happens, consider the following options.

  • File an opposition within the statutory period
  • Request invalidation if the registration was improper
  • Request revocation if the mark has not been used for a long time
  • Negotiate to buy it back or obtain a license

Prevention is still best: register your trademark in your main markets before launching the brand.

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