Publication date: 21.08.2025
Legal support for freelancers, digital businesses, launch of information products, representation in court disputes.
Case: Successful Protection of Logo Rights and Cancellation of Unlawful Trademark Registration
Description of the situation and client's problem
A business owner approached lawyer Maryna Teteruk, finding himself in an extremely unpleasant situation. The client had recently launched a new website but immediately encountered confusion among customers. It turned out that another design agency, which had previously created the logo for them, had unlawfully registered the same logo as its own trademark and began actively using it.
This created a situation of direct intellectual property rights infringement and led to customer disorientation, causing damage to the client's reputation and business activities. The problem was to identify the nature of the encumbrance and quickly eliminate it to freely dispose of the car.
Analysis of the situation and key points
Maryna Teteruk conducted a detailed analysis of the situation. Although the other agency had an official trademark registration, the key legal argument in the case was the principle of priority of use. It was established that the client had used this logo in his commercial activities for a long time before the design agency filed an application for registration. According to intellectual property law, such a fact of prior use is a strong basis for appealing and canceling an unlawful registration.
The key points were:
- Existence of conflict: The use of the same trademark by two business entities in the same field of activity.
- Unscrupulous registration: The design agency registered the mark knowing about its prior use by the client.
- Proof of priority: The need to collect and provide evidence that the client started using the logo earlier.
Desired Outcome:
Cancellation of the unlawful trademark registration and cessation of its use by the design agency to protect the client's intellectual property rights.
Responsible Lawyer:
Maryna Teteruk — a lawyer specializing in intellectual property rights protection.
Solution:
Maryna Teteruk developed and implemented a multi-stage strategy that combined negotiations and legal pressure:
- Pre-trial claim:
The first step was to send an official claim (Cease and Desist letter) to the design agency. It clearly stated the unlawfulness of their actions, the existence of evidence of the client's prior use of the logo, and demanded that they immediately cease use and withdraw the trademark application. - Collection of evidence:
All evidence confirming the priority of use was meticulously collected: website launch dates, commercial contracts, advertising materials, publications, and more. - Negotiations and settlement:
In parallel with legal pressure, Maryna Teteruk conducted negotiations with representatives of the other agency, explaining the legal futility of their position and proposing an amicable settlement of the conflict.
Result: Thanks to the professional work and convincing evidentiary base submitted by lawyer Maryna Teteruk, the conflict was successfully resolved without a lengthy court process. The other design agency, realizing the futility of its position, ceased using the logo and agreed to cancel its registration as their trademark.
This case is an excellent confirmation of the high effectiveness of a professional approach to protecting intellectual property rights. It demonstrates that thanks to meticulous evidence collection, a legally substantiated claim, and negotiation skills, it is possible to achieve a positive result, avoiding a long and costly litigation process. Success in this matter underscores the importance of timely legal intervention to protect a business and its reputation.
