Consulting on handling trademark infringement: Protecting legitimate rights

Consulting on handling trademark infringement is an indispensable service in protecting the legal rights of trademark owners. Acts of infringement of intellectual property rights, especially trademark rights, are becoming increasingly complex and difficult to control. The article below will present trademark infringement actions, handling measures and professional consulting services to help customers protect their rights.

Basis for determining intellectual property rights infringement

According to the provisions of Article 5 of Decree 105/2006/ND-CP, to determine trademark infringement, it is necessary to rely on the following grounds:

• Infringed objects within the scope of intellectual property rights protection: Products, services, intellectual property that are protected by law.
• There are elements of infringement: Acts or signs that violate the legal rights of intellectual property owners.
• The person committing the act of infringement is not the owner: The infringer has no rights or is not legally licensed.
• Acts occurring in Vietnam: Infringement occurs in Vietnam or on the internet but targets consumers in Vietnam.

Actions considered to be trademark infringement

According to Article 129 of the Law on Intellectual Property 2005, the following acts are considered to infringe trademark rights:

• Use a sign identical to the trademark that has been granted a Certificate for products and services of the same or similar type with the registered list attached to the trademark.
• Using signs similar to registered trademarks for products or services is likely to cause confusion as to the origin of the goods or services.
• Using a sign identical or similar to a well-known trademark, even for unrelated goods or services, if the use causes confusion about the origin or misleads consumers about the connection between the well-known trademark and those goods or services.

In addition, the act of using a trade indication identical or similar to another person’s trade name without permission is also considered an infringement of intellectual property rights. These acts, no matter how small, can still cause great damage to the trademark owner and affect fairness in the market.

Measures for handling trademark infringement

When there is an act of trademark infringement, the owner can apply one of the following remedies:

Administrative measures

Administrative measures are the first and common legal tool to handle trademark infringement.

According to Decree 99/2013/ND-CP, violators may be fined:

• From 10 million VND to 250 million VND (for individuals);
• From 20 million VND to 500 million VND (for organizations).

In addition to fines, violators may have their counterfeit goods confiscated or their business operations suspended for a certain period of time.

Civil remedies

According to Article 202 of the Law on Intellectual Property 2005, amended and supplemented in 2022, trademark owners can request the court to apply civil measures such as:

• Terminate infringement.
• Make a public apology and correction.
• Compensate for damages caused by infringement.
• Destroy or request the distribution or use of infringing goods.

Civil remedies ensure that damages caused by infringement are compensated fairly and in accordance with the principle of protecting the legal rights of the trademark owner.

Criminal measures

In cases where trademark infringement is serious or causes great damage, this behavior may be criminally prosecuted.

According to Article 226 of the Criminal Code 2015, amended and supplemented in 2017, clearly stipulates the crime of infringing industrial property rights, including acts of counterfeiting trademarks, causing great damage to trademark owners. Serious violations can be punished by fines, non-custodial reform, or even imprisonment.

Consulting services for handling trademark infringement at Long Phan

At Long Phan, we provide consulting services on handling trademark infringement to help customers effectively resolve disputes related to trademark ownership. Our services include:

• Consulting on regulations on trademark registration;
• Assist customers in identifying trademark infringement acts;
• Support customers in carrying out procedures to register for intellectual property protection;
• Consulting on measures to handle administrative, civil and criminal violations;
• Offer solutions to overcome infringements (stop violations, request compensation for damages, publicize corrections…);
• Support in implementing administrative procedures (request to stop infringing acts, confiscate infringing goods);
• Representing customers in negotiations and negotiations with trademark infringing partners;
• Support customers to resolve when disputes occur.

Handling trademark infringement is an important part of protecting the legal rights of trademark owners. Customers need professional advice and support from experienced experts in the field of intellectual property to ensure their legitimate rights. Please contact us via the hotline 0906735386 for support. Long Phan is a reputable consulting unit, ready to accompany you in all issues related to trademark protection.