Intellectual Property Litigation: How to Protect Your Registered Trademarks, Copyrights and Patents Against Infringements

Intellectual property litigation has surged in Romania and across Europe, driven by the growth of digital markets, cross-border commerce and intensifying competition. Registered trademarks and trademark registration strategies are no longer merely formalities: they are essential business assets. Business owners who register trademark rights and who coordinate filings with bodies such as the EUIPO and WIPO benefit from clearer enforcement options. Likewise, inventors rely on the European Patent Office and qualified patent attornies to secure and commercialize their innovations. The interplay between registered trademarks, patent protection and international filings changes the litigation landscape and raises the stakes for a proactive legal management.

Preventive practice requires mastering administrative procedures and international systems. A comprehensive trademark registration process at national level must be complemented by strategic use of the European Union Intellectual Property Office (EUIPO) and international routes via WIPO, while technical inventions are often protected through applications at the European Patent Office filed with assistance from patent attornies and a European patent attorney. Parties that fail to plan their portfolio, to register trademark rights or to file appropriate patent applications, risk costly oppositions, cancellation actions and cross-border enforcement problems. Accordingly, an integrated approach to registered trademarks, patent filings and international registrations is indispensable.

Legal disputes commonly involve overlapping rights: a logo may be a registered trademark and a copyrighted work; a product may be covered by a patent and a design right; and international enforcement will often call upon EUIPO, WIPO and the European Patent Office fora. Effective defense and monetization therefore depend on coordinated advice from specialists — including patent attornies, a patent attorney, trademark counsel and litigators familiar with the European Union Intellectual Property Office procedures. These advisers help convert registered trademarks and patent titles into enforceable market power and negotiate settlements or representation in oppositions and nullity proceedings.

In this context, the Romanian Law Firm Pavel, Mărgărit and Associates recommends seeking the services of an intellectual property lawyer, whether for consultancy on protecting intellectual property rights or for complex litigation involving a registered trademark, a patent, or a creative work. With the assistance of a skilled copyright lawyer, clients can rely on professional guidance for the defense of copyright, ensuring protection through procedures such as trademark registration, register trademark, copyright registration, and trademark search/ verification of registered trademark, as well as full representation before Romanian and international authorities.

Trademark registration and register trademark search with OSIM: The first steps in protecting intellectual property rights

The trademark registration procedure at OSIM is the cornerstone of any strategy to secure a commercial identity in Romania. A registered trademark confers an exclusive right to use a sign (name, logo, packaging, slogan) and to prevent third parties from exploiting that sign without consent. Failure to complete timely trademark registration or to register trademark rights following clearance searches often generates disputes; many IP litigations stem from missing or late filings. For market participants it is therefore critical to integrate national trademark registration with international planning via EUIPO and WIPO, and to involve patent attornies or a patent attorney where technology overlaps demand both patent and trademark protection.

A central preventive measure is the clearance or register trademark search: checking OSIM records together with databases of the European Union Intellectual Property Office (EUIPO), the European Patent Office, and the WIPO global registers to detect prior registered trademarks. Proper clearance reduces the risk of opposition and later cancellation of a trademark registration. Legal counsel, whether a trademark lawyer or patent attornies with IP litigation experience, interprets search results, advises on scope, advises on whether to pursue design patenting or patent filings in parallel, and prepares the trademark registration package to withstand formal examination and third-party challenges.

Protection obtained via OSIM only ensures protection within Romania. However, in the global marketplace, broader protection is vital. Businesses aiming at broader markets should coordinate filings with the EUIPO (the European Union Intellectual Property Office) to secure unitary protection across EU Member States, and should consider international filings via WIPO to register trademark rights in multiple territories. Similarly, technical inventions should be examined for patent potential and, where appropriate, prosecuted at the European Patent Office with support from patent attornies or a European patent attorney. Combining OSIM trademark registration, strategic register trademark clearance, and patent prosecution creates a layered protection regime that strengthens enforcement options in administrative proceedings and in court.

Litigation regarding registered trademarks: Procedures at OSIM, EUIPO, and the European Patent Office

Even after successful trademark registration, a registered trademark can become the subject of oppositions, cancellation proceedings or infringement actions. OSIM handles administrative oppositions and cancellation claims at national level, while the European Union Intellectual Property Office (EUIPO) addresses disputes for unitary EU marks. For matters involving inventions, the European Patent Office oversees patent grant and opposition phases. WIPO supplements these processes with international dispute mechanisms that are often relevant when registered trademarks or patents are filed in multiple jurisdictions.

Typical disputes start when a newly applied-for trademark registration is alleged to cause confusion with an earlier registered trademark. Remedies include seeking annulment of the later trademark registration at OSIM or at the EUIPO, and pursuing infringement proceedings before national courts. Such disputes frequently cross into copyright law where logos or visual elements enjoy copyright protection in addition to trade mark protection. In complex matters, coordination among patent attornies, trademark counsel and a patent attorney (or European patent attorney for EPO matters) is crucial: they gather evidence of prior use, structure arguments for oppositions, and litigate effectively in OSIM, EUIPO, or before national tribunals.

Procedures for opposition and cancellation before OSIM or the EUIPO are strictly time-bound and require evidentiary support. Insufficient proof of prior use or inadequate legal grounds for a challenge can led to dismissal. Likewise, failure to perform a pre-filing register trademark search increases the chance of rejection or of later costly litigation. An experienced IP legal team will build a coherent strategy aligning national trademark registration with EU and international enforcement routes, thus protecting registered trademarks and related patent rights effectively.

Copyrights: Defense strategies and the role of the copyright attorney

A patent grants its holder the exclusive right to exploit an invention and to prevent unauthorized use by third parties. In Romania, OSIM manages the national filing procedure, but inventors seeking broader markets turn to the European Patent Office (EPO), where a single filing can result in protection in multiple European jurisdictions. To navigate this technical and legal process, inventors routinely engage a patent attorney, a European patent attorney, whose expertise spans both the scientific background of the invention and the procedural rules of patent law. Such professional support is vital to obtain a strong patent that can withstand challenges.

The substantive requirements of a patent — novelty, inventive step, and industrial applicability — are assessed rigorously by the European Patent Office. A poorly drafted application risks refusal or vulnerability to later opposition. Here, the contribution of patent attornies or a European patent attorney is decisive: they draft claims with precision, anticipate examiner objections, and ensure the patent offers enforceable scope. Without professional drafting, a patent may fail to deliver commercial value, leaving the invention unprotected in practice. For this reason, coordination with IP lawyers who also handle registered trademarks and trademark registration is recommended, so that a unified portfolio strategy covers both technology and brand.

Disputes involving patents are common in pharmaceutical, industrial, and IT sectors, where infringement may involve unauthorized use of processes, products, or methods protected by a granted patent. The European Patent Office provides procedures for opposition to newly granted patents, while national courts handle infringement actions. Representation by patent attornies, a patent attorney, or a European patent attorney is indispensable for interpreting technical reports, securing expert evidence, and ensuring valid enforcement. In cases where registered trademarks and patent rights overlap, strategic coordination ensures that the company leverages both types of protection to defend its market position.

Patents: Registration with OSIM, protection through the European Patent Office, and litigation management

On the international level, the World Intellectual Property Organization (WIPO) is the central body facilitating the global registration and enforcement of registered trademarks and patents. businesses can extend a national trademark registration to multiple countries via a single filing. Similarly, through the Patent Cooperation Treaty (PCT), inventors can initiate a centralized patent application process valid in several jurisdictions. These mechanisms save time and cost compared to multiple independent filings, and they enhance strategic enforcement opportunities. However, using WIPO systems effectively requires the guidance of experienced patent attornies, a patent attorney, or a European patent attorney who can align international filings with local requirements.

When disputes arise, WIPO offers arbitration and mediation centers dedicated to resolving conflicts concerning registered trademarks and patents. These alternative dispute resolution mechanisms provide quicker and more cost-effective outcomes than traditional court litigation. Global corporations prefer WIPO forums because they allow specialized adjudicators, efficient procedures, and enforceable decisions across multiple jurisdictions. For example, a dispute involving a registered trademark in several EU countries may be coordinated via WIPO while technical infringement of a patent is pursued at the European Patent Office. In both cases, representation by qualified patent attornies or a European patent attorney ensures consistency of strategy and protection of client interests.

International enforcement requires careful portfolio management. A company that invests in trademark registration at OSIM, extends protection via the European Union Intellectual Property Office (EUIPO), and further through WIPO, secures stronger leverage in negotiations and litigation. At the same time, parallel patent filings at OSIM and the European Patent Office maximize technological exclusivity. In this context, the advice of a European patent attorney is indispensable: they monitor deadlines, manage procedural overlaps, and integrate registered trademarks with patent rights to form a resilient global protection system.

The role of the World Intellectual Property Organization (WIPO) in global disputes

Regardless of whether a dispute concerns registered trademarks, trademark registration, or a patent, professional legal support is essential. A specialized team of patent attornies, a patent attorney, or a European patent attorney has the technical and legal expertise to navigate both administrative proceedings (such as oppositions before the European Union Intellectual Property Office (EUIPO) or the European Patent Office) and judicial proceedings for infringement or damages. Their combined knowledge of procedure and technology ensures that both registered trademarks and patents remain enforceable.

In cases concerning authors’ rights, an intellectual property lawyer acts similarly to a patent attorney: they prove ownership, calculate damages, and defend against infringement. For technological innovations, patent attornies and a European patent attorney interpret technical descriptions and defend validity before the European Patent Office. In the area of brand protection, lawyers handling registered trademarks and trademark registration ensure that applications withstand oppositions at the European Union Intellectual Property Office or WIPO. Without these specialists, the risk of losing valuable rights or facing sanctions increases dramatically.

It is equally important to emphasize the preventive role of professionals. By consulting patent attornies, a patent attorney, or a European patent attorney, businesses can anticipate risks, perform clearance searches before a register trademark filing, and design a holistic IP strategy. This includes coordinating filings at OSIM, the European Union Intellectual Property Office, the European Patent Office, and through WIPO systems. In this way, both registered trademarks and patents are protected in a complementary manner, strengthening the competitive position of the company.

The indispensable role of attorneys in managing intellectual property rights disputes

n today’s day and age companies rarely limit themselves to one jurisdiction. A coherent strategy involves register trademark filings at the national level, extensions through the European Union Intellectual Property Office (EUIPO), and global protection through WIPO. Similarly, inventors first file at OSIM, then extend through the European Patent Office, using the assistance of patent attornies, a patent attorney, or a European patent attorney. This layered approach ensures that both registered trademarks and patents are protected at every relevant market level.

The interaction of these systems also influences litigation. A case of infringement may begin with an opposition at the European Union Intellectual Property Office, continue with mediation before WIPO, and conclude with enforcement before a national court. At the same time, a patent dispute may involve both the European Patent Office opposition division and subsequent judicial proceedings. In all scenarios, patent attornies, a patent attorney, or a European patent attorney ensure procedural accuracy, evidence management, and effective defense.

By integrating registered trademarks, trademark registration, and patent protection across jurisdictions, businesses can prevent counterfeiting, secure licensing revenue, and avoid costly disputes. The global coordination between OSIM, EUIPO, the European Patent Office, and WIPO becomes a strategic necessity. Without the guidance of patent attornies, a patent attorney, or a European patent attorney, inconsistencies in filings or missed deadlines could undermine the entire protection system.

In today’s competitive environment, both registered trademarks and patents are indispensable assets that require careful management. From the initial step of trademark registration and the decision to register trademark at OSIM or the EUIPO, to the more technical process of filing at the European Patent Office, every stage requires precision and foresight. International coordination through WIPO further amplifies the value of these rights. The indispensable contribution of a patent attorney, and a European patent attorney lies not only in litigation but also in preventive measures, portfolio management, and strategic alignment of registered trademarks and patents. Their expertise ensures that businesses remain competitive, innovative, and protected in both local and global markets. Companies that invest in professional guidance and rely on patent attornies and trademark experts secure more than legal rights, they build sustainable market advantages.

Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.