Our Legal Services.

IP Litigation and Defense.

When litigation is inevitable, we can defend our clients in infringement cases before the competent Spanish Commercial Courts and the European Court. We represent both plaintiffs and defendants in enforcing all types of intellectual property rights, in conflicts involving the unlawful use or unauthorized exploitation of patents, registered or unregistered trademark and design rights, counterfeiting, infringement of copyrighted original works, including unfair competition, trade secrets, breach of contracts, false advertising acts, and domain name dispute cases. There are many different measures on which we may intervene such as in oral judgment proceedings, trials and appeals, emergency injunctive relief applications and seizures, among others. In court proceedings our expertise is crucial but in some cases we have no interest in prolonging conflicts unnecessarily, so we focus our efforts on reaching an effective and reasonable settlement as economically and favorably as possible to our client’s interests.

Cease and Desist Communications.

In pre-litigation stages, we may also prepare, answer or send cease and desist letters via Burofax; the registered mail service of the Spanish Post Office, to warn infringers about their probable violation of our client’s rights by formally requesting them to immediately stop all illegal business operations and of the civil or criminal measures we will take shortly if no reasonable settlement is reached nor any of the requested conditions are met within the fixed deadline.

Contracts.

According to the pre-agreed obligations between the parties, we can draft custom-made contracts or evaluate the terms and conditions of any IP-related agreement such as for licensing, joint ventures and joint ownership, distribution, franchise, registration of businesses in the Spanish Register of Franchisers, non-disclosure agreements, consents, etc. – Assignments. We can prepare the needed contracts and sales-purchase agreements to transfer the ownership of trademark and design rights as well as patent and related technology transactions. – Licensing. We can draft tailored agreements or evaluate in depth the terms and conditions of any IP-related contract for licensing, joint ventures, distribution, franchise, non-disclosure agreements, consents and coexistence agreements.

Administrative Defense.

Upon client’s request, we would review those new applications for registration to check whether they are likely to infringe earlier registered rights. During the procedure for all types of IP protection applied for at either the Spanish Office (OEPM) or the European Offices EPO and EUIPO, we may defend our clients’ files if these are challenged by others, respond to office actions when these are subject to objections or expressly oppose new potentially conflicting applications. Each action shall be carried out properly and in a timely manner by filing the duly based counterstatement in reply or the opposition notice with relevant and substantiated observations, by appealing decisions or by lodging Contentious-Administrative-Appeals against the Office, cancellation (invalidity) or revocation action requests on lack of use, whenever these are applicable.

Contact Us

via our contact form if you need free preliminary legal advice on any intellectual property issues.

Required Information.

• The full name and address of the interested person.
• Check whether you are or will be the: Claimant | Defendant | Licensor/Assignor | Licensee/Assignee | Other.
• Your Right (if any) is a: Patent | Trademark | Design | Other – Application or Registration No. and National, Regional or International Office.
• The nationality or country of establishment of the interested person.
• VAT Number (NIF/NIE), only if the applicant is Spanish or established in an EU country.

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• The full details of the other party.
• Other party’s right is a: Patent | Trademark | Design | Other – Application or Registration No. and National, Regional or International Office.

Confidentiality.

Any information you disclose to us is legally privileged and confidential, used strictly for the purpose or service we are instructed to handle on your behalf.