How long a trademark litigation will last?

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How long a trademark litigation will last?

All trademark infringement or dilution proceedings vary in length depending on the workload of the courts, the complexity of the facts and legal questions raised, the documentation needed, procedural difficulties, appeals, etc.

On average it takes seven to nine months for a judgment to be issued, if no expert opinion is needed. The first hearing is typically set two months after the lawsuit is filed. If an appeal is lodged, the Court of Appeal’s decision may take another five-six months. Proceedings before the Court of Cassation usually take three-four months.

Interim protective measures can be obtained either before or pending litigation on the merits in a matter of days. The court’s orders are granted ex parte. Interim measures are granted if the enforcement of the judgment will otherwise become impossible or more difficult. The court’s orders on interim measures cannot be appealed.

Under criminal law, it takes around three-four months until the pretrial investigation phase is over and the trial begins. The duration of a criminal trial is comparable to that in civil proceedings.

2014-01-11T10:25:17+04:00 January 11th, 2014|