Registration, invalidity, infringement and appeal proceedings answer different questions. A procedural strategy should identify the right, the decision sought and the consequences for the business.
Office proceedings and court proceedings
An application before DPMA or EUIPO is not an infringement action. An invalidity application concerns the validity of the registration, while a court may need to decide unauthorised use and remedies. National foreign procedures differ again. Identify the forum and legal basis before selecting documents or calculating deadlines; a generic litigation checklist is not enough.
Appealing an adverse decision
Read the complete decision, its service information and the applicable appeal instructions. A notice of appeal, statement of grounds and payment may have separate requirements. Preserve the file and determine which findings can be challenged and whether additional evidence is admissible. An appeal should address the actual reasoning rather than simply repeat the earlier submission.
Coordinating parallel matters
The same product can be involved in an invalidity application, a court claim, a platform complaint and a customs detention. Information and positions should remain consistent, but each procedure has its own purpose and deadlines. Consider possible stays, counterclaims and the effect of a decision in another forum. Do not assume that beginning one procedure suspends another.
Settlement and mediation
A settlement can resolve uncertainty about product versions, remaining stock and future conduct more precisely than a general undertaking. Define the affected rights, territories, entities, payment, costs and release of claims. Where mediation is suitable, prepare the commercial objectives and the information needed for a meaningful negotiation. The agreement must identify who has authority to bind each party.
Implementing the outcome
A favourable decision or agreement still needs implementation. Record payment, removal of listings, stock handling, register changes and any ongoing reporting. If an injunction applies, explain its practical scope to the teams who can comply. If a design is invalidated or abandoned, update the portfolio and review related enforcement communications.
Three practical situations
A registration is refused
The applicant needs to identify whether the objection concerns representations, registrability or an unresolved formal requirement before deciding on correction or appeal.
Infringement and invalidity overlap
A defendant questions the asserted right while a product launch is pending. The strategy coordinates the defence, the appropriate validity challenge and the immediate commercial timetable.
A negotiated phase-out
The parties agree to end sales of a defined version. The settlement specifies stock quantities, dates, channels, permitted replacement designs and the consequences of non-compliance.
Discuss the next step
Send the product images, relevant documents, countries and any known deadline. We identify the scope of the assessment and confirm the proposed work, fees and any international coordination before taking the agreed steps.
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Legal resources
Official legal framework and guidance. Editorial review: 11 November 2026.