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For a deeper dive into this topic, please read our IP Brochure on trademark protection in Europe: https://www.bardehle.com/en/ip-news-knowledge/publication/detail/trademark-protection-in-europe
Obtaining an ex-parte court decision has proven to be a very sharp sword in combating infringement.
But a couple of points need to be observed: The case must be clear-cut with prima facie evidence presented by way of an affidavit.
As a rule, a warning letter must be sent to the adverse party before taking action.
And the request for a preliminary injunction must be filed within one month of becoming aware of the infringement.
If these requirements are met, a court will decide within one to two days – or even less in very urgent cases – quicker than in any other jurisdiction. Once served, the court order is immediately effective, thereby stopping sales bearing the infringing mark.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
