Legal Advice

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LEGAL ADVICE

UNGRIA has its own legal department with a team of attorneys at law who have accumulated an extensive experience to help you solve any procedural or legal issue that may arise in relation to Intellectual Property and related fields in Spain, Europe or any other country in the world.

Our solid trajectory before the Spanish, European and International Institutions accredits our department as a reference in the sector.

In particular, we can advise you in the following fields:

PROSECUTION

UNGRIA assists you in any action and proceeding before the Spanish Patent and Trademark Office (SPTO) or any National PTO around the world, European Offices (EUIPO and EPO) or International Office (WIPO), for the defense of your IP rights. Always supported by our highly qualified legal and technical experts in each field.

Filing replies against decisions issued by National, European or International Offices.
Filing oppositions against new applications.
Prosecuting oppositions against granted patents by the SPTO or EPO.
Requesting trademark proof of use in opposition proceedings.
Filing appeals against the decision of allowance or rejection of applications.
Filing appeals in the contentious-administrative jurisdiction against the decisions issued by the SPTO.

Filing appeals before the Court of Justice of the European Union (CJEU) against the decisions issued by the EUIPO´s Board of Appeal.

Filing applications for revocation of trademarks on the basis of non-use or invalidity before the EUIPO.

Filing applications for restoration of rights (“restitutio in integrum”).

LITIGATION

UNGRIA has a team of reputed and highly specialized attorneys at law in proceedings before the Courts (Civil, Mercantile, Criminal) in order to defend our client´s IP rights in case the conflict requires the judicial route. However, we try to avoid the same by implementing preventive measures, such as:

Drafting and sending cease and desist letters against illegitimate actions.
Border measures and customs files to prevent counterfeiting.
Surveillance and monitoring of counterfeited products sold through online channels.

Actions before Courts

Civil or criminal actions against third parties or in its defense in cases of infringement of rights.
Criminal actions in cases of piracy.
Legal actions requesting the invalidation of registered rights.
Legal actions requesting the revocation of trademarks.

Legal actions to claim the ownership of third parties’ registered rights.

Legal actions related to unfair competition.

Legal actions related to the violation of trade secrets.

Legal actions for copyright infringement.

GENERAL LEGAL ADVICE, CONTRACTS AND NEGOTIATIONS

UNGRIA will advise you about best strategy to protect and place value on your intangible assets, as the most significant capital asset of an entity. The following actions can be carried out, among others:

Drafting purchase-sale contracts of IP rights.
Negotiating with third parties the purchase of assets or the establishment of usage agreements.
Drafting of license contracts.
Recording of contracts before the corresponding public institutions.
Drafting and recording chattel mortgages on IP rights in guarantee of loans.
Drafting franchise contracts.

Preparing legal and/or expert opinions for its use before Courts.

Drafting of contracts in relation to custom manufacturing.

Drafting non-disclosure agreements (NDA).

General legal advice about trade secrets and establishment of internal policies regarding this matter.

General legal advice about copyrights and Intellectual Property, including software protection.

Assistance in “due diligence” procedures related to the purchase-sale of legal entities.

Recovery of domain names in Internet.