A well-known European trading company
Problem: They bought a brand for use in the Nordic countries during the mid-2000s. There were also registered trademarks attached to the brand. After a trademark check we found out that the applications were made incorrectly and the main goods and services were missing. New application was made within the EU with the right classes of goods and the launch of the brand was made in Europe. After a couple of years, the company received a warning letter where the counterparty showed an identical mark in Germany, made between the years of buying the brand and the new registration. (The counterparty got an earlier registered trademark.) It developed into an infringement case and forced our client to change their name in the European market.
Solution: If we start from the beginning, the Due Diligence process wasn´t made properly when it came to IPR. This could have been avoided if proper actions had been made in an early point and for example correct application had been filed in right trademark classes.
The consequences in this matter was huge. Both from the cost side but also when it came to the brand itself.