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Frequently Asked Questions
01
How long does the trademark protection last and what is the territory of protection?
Any breach of the exclusive rights of a trademark holder constitutes an infringement. Accordingly, the trademark holder is entitled to make a claim against anyone who uses a similar or identical mark in connection with similar or identical goods and services without his authorization. The legal steps to be taken against such persons vary country by country and are determined by state laws. Generally, the following reparations can be requested:
* declaration of infringement,
* an injunction to cease infringement,
* surrender of enrichment,
* compensation for damages.
In most of the countries petition for temporary measures can be filed, if it is done within a specified time period.
02
What are the absolute and relative grounds for refusal?
Any breach of the exclusive rights of a trademark holder constitutes an infringement. Accordingly, the trademark holder is entitled to make a claim against anyone who uses a similar or identical mark in connection with similar or identical goods and services without his authorization. The legal steps to be taken against such persons vary country by country and are determined by state laws. Generally, the following reparations can be requested:
* declaration of infringement,
* an injunction to cease infringement,
* surrender of enrichment,
* compensation for damages.
In most of the countries petition for temporary measures can be filed, if it is done within a specified time period.
03
What is an infringement?
Any breach of the exclusive rights of a trademark holder constitutes an infringement. Accordingly, the trademark holder is entitled to make a claim against anyone who uses a similar or identical mark in connection with similar or identical goods and services without his authorization. The legal steps to be taken against such persons vary country by country and are determined by state laws. Generally, the following reparations can be requested:
* declaration of infringement,
* an injunction to cease infringement,
* surrender of enrichment,
* compensation for damages.
In most of the countries petition for temporary measures can be filed, if it is done within a specified time period.
04
What is an opposition?
Any breach of the exclusive rights of a trademark holder constitutes an infringement. Accordingly, the trademark holder is entitled to make a claim against anyone who uses a similar or identical mark in connection with similar or identical goods and services without his authorization. The legal steps to be taken against such persons vary country by country and are determined by state laws. Generally, the following reparations can be requested:
* declaration of infringement,
* an injunction to cease infringement,
* surrender of enrichment,
* compensation for damages.
In most of the countries petition for temporary measures can be filed, if it is done within a specified time period.
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