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
France
Germany
Netherlands
UAE
UK
Requirement for urgency for a PI?
No
Yes
Only if ex parte
Yes – within about a month
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
Yes – and must be demonstrated
Yes – and must be demonstrated