Someone else registered your name in their own name
Replacing signage, packaging, labels and advertising, sales halted for the rebranding period, and on top of that the claims of the rights holder.
Typical mistake: They assumed the name was protected by company registration, the domain and a social media account. Legal protection of a trademark arises only on the basis of its registration, and priority is determined by the filing date of the application — whoever filed first is right.
The franchising agreement does not legally exist
No territorial exclusivity, no protection of the investment, no obligations on the franchisor. The money for renovation and equipment has already been spent and is not coming back.
Typical mistake: The agreement was never registered. Article 863 of the Civil Code requires written form and registration by the body that registered the licensor; failure to observe this requirement renders the agreement invalid.
The mark was cancelled for non-use
The certificate ceases in whole or in part — precisely for the classes that were «reserved for the future» — and the mark goes to whoever actually uses it.
Typical mistake: They registered a dozen classes in reserve with no intention of using them. A certificate may be terminated early where the mark has not been used continuously for the last three years.
The patent expired before production reached volume
The monopoly is lost exactly when the product becomes profitable: copying can no longer be prohibited and no compensation can be claimed.
Typical mistake: They assumed a patent always lasts twenty years. A utility model patent runs for five years and an industrial design patent for ten, and the count starts from the filing date of the application, not from the start of sales.
The contractor sold your design and code to a competitor
The company can neither prohibit reuse nor transfer the rights to an investor — this is the first thing that surfaces in pre-deal due diligence.
Typical mistake: They paid the invoice and assumed the rights had passed. Rights transferred under an author's agreement are deemed non-exclusive unless the agreement expressly provides otherwise.
A refusal by the examiners was treated as final
The application is lost together with its priority, and a refiling may now run into someone else's earlier application.
Typical mistake: They did not use the appeal route: the results of the state examination may be appealed to the Appeals Board of the Ministry of Justice within three months.