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Design conflict

Do you have the opinion that someone infringes your design rights and would you like to take action?

Did you receive a letter in which someone claims that your design rights are not valid?

Then you have a design conflict.

In design conflicts, most of the times the main issue is whether the design is novel. Is it clear that the design is not novel then the design registration is void and you never acquired any design rights. If you start court action based on a design right you can expect that the counterpart will defend himself by claiming that your design was not novel when filing the design application. It is thus for the plaintiff important to know if his design is novel.

Are you not willing to take court action against infringers, like e.g. a competitor that copies your product? Also than it is advisable to have a design registration because having a registration deters competitors and therefore is a preventive measure. For, if an infringer is confronted with an official certificate he should investigate whether any rights have been vested and legal costs are made. Sometimes it is more cost effective to cease and desist for a counterpart.

Markenizer assists in conflicts on a reasonable costs level and will always strive to keep the conflict as short as possible in order to minimize your costs.
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