Preliminary injunctions
While main proceedings often take years, preliminary injunction (PI) proceedings can resolve trade mark disputes quickly and at relatively moderate costs. The procedural rules have not been harmonised across the EU and there are notable differences when it comes to the legal requirements for obtaining a preliminary injunction.
PI urgency overview
Jurisdiction
Austria
Belgium
Czech Republic
France
Germany
Hungary
Netherlands
Poland
Slovakia
UAE
UK
Requirement for urgency for a PI?
No
Yes
Yes, in general – see the comment under 'Urgency'
Only if ex parte
Yes – within about a month
No
Delay is one of the circumstances taken into account and can lead to refusal of the PI but there is no strict deadline for such delays. Usually waiting more than six months leads to a high risk of a PI being refused
In Poland the usual practice is that PI proceedings are of inter partes character (ie the proceedings involve both claimant and defendant) and involve the exchange of one to two pleadings without appointed hearings. Ex parte (ie the defendant is excluded from the proceedings) PIs are granted only in cases dictated by the extreme urgency of the matter or where the PI is to be carried out by a bailiff (eg seizure of infringing goods).
No
Yes – and must be demonstrated
Yes – and must be demonstrated