Recognize trademark infringements

Trademark infringement directly affects the interests and reputation of the business. These violations not only cause economic damage but also damage the reputation and sustainable development of the brand. The following article will analyze in detail acts of trademark infringement and the accompanying legal consequences.

What is a trademark? What are the conditions for trademark protection?

According to the provisions of Clause 16, Article 4 of the Law on Intellectual Property 2005, specific provisions on the concept of trademark are as follows:

“A trademark is a sign used to distinguish goods and services of different organizations and individuals”

Some specific types of trademarks are regulated as follows:

• Collective mark: a mark used to distinguish the goods and services of members of the organization that is the owner of that mark from the goods and services of organizations and individuals that are not members of the organization there.
• Certification trademark: a trademark that the trademark owner allows another organization or individual to use on the goods or services of that organization or individual to certify the characteristics of origin, raw materials, materials, method of production of goods, method of service provision, quality, accuracy, safety or other characteristics of the goods or services bearing the trademark.
• Famous trademark: a trademark widely known to the relevant public in the territory of Vietnam.

A trademark is protected if it meets the following conditions as prescribed in Article 72 of the Law on Intellectual Property 2005 (amended 2022):

• A visible sign in the form of letters, words, drawings, images, holograms or a combination of such elements, represented by one or more colors or audio signs expressed in the form of graphic form;
• Be able to distinguish the trademark owner’s goods and services from those of other entities.

Trademark infringement actions

Pursuant to Clause 1, Article 129 of the Law on Intellectual Property 2005, the following acts performed without the permission of the trademark owner are considered to infringe trademark rights:

• Using a sign identical to a protected trademark for goods or services identical to those on the list registered with that trademark;
• Using a sign identical to a protected mark for goods or services similar to or related to goods or services on the list registered with that mark, if the use is likely to cause confusion. origin of goods and services;
• Using a sign similar to a protected trademark for goods or services that are identical, similar or related to goods or services in the list registered with that trademark, if the use is likely to cause confusion about the origin of the goods or services;
• Using signs identical or similar to famous trademarks or signs in the form of translation or transcription of famous trademarks for any goods or services, including goods and services that are not identical or similar and not related to goods or services on the list of goods or services bearing a well-known trademark, if the use is likely to cause confusion as to the origin of the goods or give a false impression of the relationship between the person using that sign with the owner of the famous mark.

How to handle trademark infringement

Civil remedies

Applying civil measures to resolve disputes over trademark rights in Vietnam is understood as the court resolving disputes over the rights and legitimate interests of subjects in legal relations related to trademark rights.

According to the provisions of Article 202 of the Law on Intellectual Property 2005, the court has the authority to apply civil measures to handle individuals and organizations that violate trademark rights. Civil remedies recognized by law include:

• Force the termination of trademark infringement;
• Forced public apology and correction;
• Forced to perform civil obligations;
• Forced compensation for damages;
• Forced destruction or forced distribution or use for non-commercial purposes of goods, raw materials, materials and means used mainly to produce and trade goods that infringe intellectual property rights intellectual property rights on condition that it does not affect the intellectual property rights holder’s ability to exploit the rights.

Administrative measures

Acts of infringement of trademark rights that do not rise to the level of criminal prosecution will be administratively handled.

According to the provisions of Article 214 of the Law on Intellectual Property 2005, amended and supplemented in 2009 and 2022, the following administrative sanctions apply to trademark rights infringement:

• Warning

In addition, additional penalties can also be applied such as:

• Confiscation of counterfeit intellectual property goods, raw materials, materials and means used mainly to produce and trade such goods;
• Suspension of business activities in the field where the violation occurred.

Criminal measures

Criminal measures in enforcing trademark rights are applied to acts of trademark rights infringement that constitute a crime according to the provisions of criminal law. Accordingly, based on Article 226 of the Criminal Code 2015, amended and supplemented in 2017, violators may be fined from 100,000,000 VND to 1,000,000,000 VND depending on each case. In addition, the subject may be sentenced to non-custodial reform or imprisonment.

For commercial legal entities, violations can be fined from 500,000 VND to 5,000,000,000 VND. In addition, operations will be suspended for a period of 6 months to 2 years.

Measures to control exported and imported goods related to trademarks

Measures to control exported and imported goods related to trademarks are prescribed in Article 216 of the Law on Intellectual Property 2005, amended in 2022 to prevent acts of infringement of intellectual property rights related to exported and imported goods. Such measures include:

• Temporarily suspend customs procedures for goods suspected of infringing intellectual property rights;
• Inspect and monitor to detect goods showing signs of intellectual property rights infringement.

Consulting services on how to handle trademark rights infringement

At Long Phan, we provide comprehensive consulting services on trademark infringement. Our services include:

• Consulting on trademark infringement actions;
• Consulting on effective remedies for trademark infringement;
• Consulting and guidance on collecting documents and evidence to prove violations;
• Consulting on compensation levels and compensation claim procedures when trademarks are infringed;
• Consulting on administrative penalty levels;
• Consulting on preparing applications and guiding lawsuit procedures;
• Representing customers to participate in the process of resolving trademark disputes (if any);
• Consulting on handling issues that arise during the process of protecting trademark rights.

Protecting intellectual property rights and preventing trademark infringement is extremely important, helping businesses ensure reputation and avoid risks. We provide professional solutions, helping the process of protecting trademark rights take place effectively and accurately. Please contact the hotline 0906735386 for detailed advice and best support from the Long Phan team of experts.