When your trademark right is infringed, the law is on your side. If a settlement cannot be reached, you can file a trademark lawsuit to stop the infringement and recover your losses. This article outlines the trademark litigation process in broad terms.
Before Litigation: The Cease-and-Desist Letter
Most processes begin with a cease-and-desist letter sent before litigation. The letter formally notifies the infringer of the situation, demands that the infringement stop, and often resolves matters without the need for a lawsuit. See our article Trademark Infringement for what counts as infringement.
The Competent Court
Trademark disputes are heard in the specialised Intellectual and Industrial Property Civil Courts (or, where these do not exist, the competent civil court of first instance). These courts specialise in industrial property cases.
What You Can Claim
- A finding, cessation and prevention of the infringement.
- Material and moral damages.
- Seizure and destruction of counterfeit goods and the means used to produce them.
- Publication of the judgment and other supplementary remedies.
In urgent cases, a preliminary injunction can be requested to prevent the harm from growing while the case is pending.
Evidence and Preparation
A successful case rests on strong evidence: your registration certificate, records showing the infringement, and samples of sales and promotional material. Running the process correctly requires legal expertise, which is why working with an attorney matters.
Why Registration Matters
For a strong case, having your mark registered is essential — registration is the strongest evidence of your right. If you are not yet registered, see our How to Register a Trademark guide.
Legal Proceedings with Webx
Webx stands with you across trademark law processes, from cease-and-desist letters through litigation management. Let's assess your infringement situation.