Oppositions and appeals
Procedural work (refusal responses, oppositions, appeals)
120 EUR / hour+ VAT
Estimate on request.
Last updated:
Disputes and litigation · IP litigation
IP litigation handled in-house, by the team that already knows your file
When an infringement can't be settled with a letter, or an OSIM ruling has to be challenged, the dispute goes to court. Brand New IP handles IP litigation in-house, without passing the file to another firm, so you work with the same people who have known your trademark since it was filed. We represent you whether you're the injured party or the one accused of infringing.
In-house representation in disputes over trademarks, designs, copyright and unfair competition: infringement, cancellation in court, challenges to OSIM rulings.
Procedural work (refusal responses, oppositions, appeals)120 EUR / hour + VAT
Your first consultation is free.
Who it’s for
This is for you if…
- A competitor uses a mark identical or similar to yours and ignored your letter
- You've been sued for trademark or copyright infringement
- You want to challenge an OSIM ruling in court
- You need urgent measures: stopping sales or preserving evidence
What’s included
What we do for you
- Assessing the case: your rights, the evidence, the risks and likely costs
- Securing and preserving evidence before proceedings
- Applications for interim measures when the infringement has to stop quickly
- Infringement actions seeking an injunction and damages
- Defending you when you're accused of infringement
- Court actions on trademark invalidity and challenges to OSIM rulings
- Negotiating a settlement at any stage of the case
- Coordinating correspondent agents for disputes outside the EU
How it works
The steps, one by one
Step 1: Case assessment
We read the documents, check the rights and evidence, and tell you plainly what you can achieve and what you risk.
Step 2: Evidence and notice
We secure evidence of the infringement (test purchases, official findings, dated screenshots) and usually send a letter before going to court.
Step 3: Court action
We draft the statement of claim or the defence and represent you at the hearings.
Step 4: Judgment and appeals
We follow up on enforcement or file an appeal, as needed.
Typical time: Often over a year including appeals, as a rough guide
IP litigation
When a lawsuit isn't worth it
Litigation costs time and money, and the outcome is never guaranteed. If the other side is a small business and the infringement looks accidental, a well-drafted letter or a coexistence agreement often settles things within weeks. We'll tell you when we think going to court doesn't make sense for your case.
Costs
What it costs
Official fees are paid to the office (OSIM, EUIPO or WIPO), carry no VAT and may change. Your first consultation is free.
Documents
What we need from you
- Registration certificates for the trademarks or other rights relied on
- Evidence of infringement: photos, purchase invoices, dated screenshots, links
- Correspondence with the other side, including letters sent or received
- Court documents, if you've already been sued
Frequently asked questions
Questions about ip litigation
What can I get from a trademark infringement lawsuit?
The court can order the other side to stop using the sign, withdraw the goods from the market and pay damages for the harm caused. It can also order the destruction of counterfeit goods or publication of the judgment. What you actually get depends on the evidence: how much the infringer sold, how much you lost and how clear the likelihood of confusion is.
Who represents me in court?
We handle litigation in-house, with the Brand New IP team, and don't hand the file to another firm. You work with the same people who know your trademark, its filing history and any oppositions. For lawsuits outside the European Union we coordinate correspondent agents in that jurisdiction and remain your point of contact throughout the case.
Can I quickly stop sales of products copying my brand?
Yes. A court can order interim measures before ruling on the merits, when the infringement is ongoing or imminent and causes harm that is hard to repair. You need solid evidence and must act fast: if you wait months after finding out, urgency is hard to argue. For imported goods, you can also ask the Romanian Customs Authority to intervene.
How much does IP litigation cost?
We work at the hourly rate of 120 EUR plus VAT and give you an estimate per stage after reviewing the case. Court stamp duty and, where needed, expert fees come on top. If you win, you can ask for the other side to cover your legal costs, up to the amount the court allows.
Do I have to send a letter before suing?
It isn't always required, but it nearly always helps. A clear letter with a compliance deadline settles many cases without court and later shows the judge you tried to resolve things amicably. Sometimes it's better not to warn the other side, for example when evidence might disappear. We decide together once we've seen the case.
Related services
- Infringement noticesWe send cease and desist letters to those using your mark, request takedowns on marketplaces and social media, and answer letters you receive.
- Cancellation and revocationWe seek invalidity of marks filed in bad faith or over earlier rights and revocation of marks unused for 5 years. And we defend your mark if it is attacked.
- Trademark watchA watch subscription covering OSIM, EUIPO and WIPO. We alert you, assess the risk and file oppositions on time.
Let’s talk about your trademark.
The first consultation is free. We’ll tell you honestly what can be protected, how and what it costs, before you pay anything.