Read our IP Brochure on trademark protection in Europe: https://www.bardehle.com/en/ip-news-k...
Obtaining an ex-parte court decision has proven to be a very
sharp sword in combating infringement.
But a couple of points need to be observed: The case must be
clear-cut with prima facie evidence presented by way of an
affidavit.
As a rule, a warning letter must be sent to the adverse party
before taking action.
And the request for a preliminary injunction must be filed
within one month of becoming aware of the infringement.
If these requirements are met, a court will decide within one to
two days – or even less in very urgent cases – quicker
than in any other jurisdiction. Once served, the court order is
immediately effective, thereby stopping sales bearing the
infringing mark.
