Empresa filial de H&A

Industrial Property

What is the purpose of Industrial Property if you do not enforce it?

Industrial Property is key to economic development, innovation and protection of your intangible assets. It is also key to getting the most out of your effort and preventing others from taking advantage of your investment.

For more than 40 years, H&A ABOGADOS has been aware of the importance of not only receiving proper protection of these rights, but also efficient, quality advice from the time the innovation is discovered until the very last second of its legal lifetime.

For that reason, we have created our own legal advisory service from which we can provide a warm and personalised service, which is both preventive and reactive in nature, both in and out of court.

Contact with H&A ABOGADOS at asesoria@herrero.es

Our Industrial Property Department offers the following:

NON-CONTENTIOUS ADVISORY SERVICES

  • Preparation, drafting and/or revision of IP-related contracts (that is, dealing with patents, utility models, trademarks, industrial designs); license agreements; purchase and sale agreements; Technology Transfer agreements; confidentiality agreements.
  • Advertising, advertising placement, advertising creation and patronage agreements.
  • Professional intervention in extrajudicial claims for the alleged violation of industrial property, trade secret, intellectual property, unfair competition, Internet domain name cybersquatting rights.
  • Cease and Desist letter and responses to third parties’ claims.
  • Intervention, negotiation and drafting of out-of-court settlements.
  • Intervention in the application of “Copy Advice” before the Panel of Advertising Self-Regulatory Organisation.
  • Consultancy services on product labelling.
  • Legal reports and opinions referring to any matter relating to our areas of specialisation.

LITIGATIONS AND PROCEEDINGS

Contentious-Administrative Proceedings

  • Proceedings before the Courts for Contentious matters relating to resolutions issued by the Spanish Patent and Trademark Office, granting or refusing the registration of industrial property titles (trademarks, patents and utility models).
  • Proceedings before the General Court of Luxembourg (appeals against EUIPO resolutions).

Arbitration proceedings

  • Intervention in arbitration proceedings both before the Spanish Patent and Trademark Office (OEPM) and before other Arbitration Courts in connection with issues relating to our areas of specialisation.

Proceedings before the Panel of the Advertising Self-Regulatory Agency

  • Processing of claims before the Panel of the Advertising Self-Regulatory Organisation.

Criminal proceedings

  • Intervention in complaints and claims for committing crimes against industrial and intellectual property.
  • Intervention in prior proceedings (with the assistance of legal counsel when taking giving a statement).
  • Intervention in a criminal legal proceeding (the accused or the defense, attending the oral proceedings).

Civil Proceedings

  • Proceedings relating to the infringement of industrial and/or intellectual property and/or unlawful advertising and/or trade secret rights.
  • Proceedings for the invalidation of a registered trademark.
  • Proceedings for the revocation of a registered trademark.
  • Unfair competition proceedings.
  • Proceedings for the invalidation of patents, utility models and designs.
  • Proceedings to substantiate facts.
  • Proceedings for the judicial declaration of non-infringement (declatory judgements).
  • Judicial proceedings for unlawful and unfair advertising.
  • Precautionary measures.

Proceedings before the European Union Intellectual Property Office (EUIPO)

  • Proceedings for invalidation of registered EU Trademarks and/or Industrial Designs before the EUIPO.
  • Proceedings for the revocation of registered EU Trademarks and/or Industrial Designs before the EUIPO.
  • UDRP proceedings for the recovery of gTLD or ccTLD domain names.

Proceedings before the Customs Authorities

  • Preparation, filing and renewal of the application for the intervention of the customs authorities in cases of goods from outside the EU and suspected of violating certain industrial and intellectual property rights limited to Spain or for the entire European Union.
  • Intervention in judicial proceedings brought by the holder of the rights as a consequence of the intervention of the customs authorities: criminal complaint – filing a claim or a request for the grant of protective measures.