How to apply for trademark infringement treatment in 2022? All answers will be consulted in detail in the article of Lawyer X for you to better understand trademark infringement. How to deal with trademark infringement.
Legal grounds
- Law on Intellectual Property 2005 amended and supplemented in 2019
Regulations on handling trademark infringement
To handle violations of enterprises, it is necessary to establish a basis for violations. The establishment is through providing us with the following documents.
Besides, power of attorney (according to the form provided by our company;
Notarized copy of trademark registration certificate. Or papers proving the trademark ownership or the right to legally use the mark;
After that, the business registration certificate of the enterprise or the notarized identity card for the trademark holder is an individual;
Sample product of trademark infringement. Or documents evidencing signs of trademark infringement by the infringing party;
Particularly, samples of products bearing the enterprise’s trademark;
Carrying out trademark assessment to have evidence to prove the infringement of the infringer against the protected mark;
Information of the offending party. Include business name, address, contact information (if any), or other documents.
Application for handling trademark infringement
Application form example:
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
Hanoi, July 22th…
PETITION
Dear:
NAME AND NAME OF THE CLAIMS:
ABC Construction and Import-Export Joint Stock Company
Address:
Legal representative: Ms. Nguyen 123. Position: Director
(hereinafter referred to as ABC Company)
NAME AND NAME OF THE SUCCESSFUL PERSON:
XYZ Manufacturing and Trading Joint Stock Company
Address:
Certificate of business registration number: 01015……..
Legal representative: ………… Position: Director
(after referred to as XYZ Company)
Request the Court to settle the following issues for the defendant:
1. Force XYZ Company to pay mental damages to ABC Company for VND 50,000,000 (Fifty million VND) because XYZ Company intentionally committed violations of intellectual property law causing damage to the reputation and honor of ABC Company.
2. Forcing Company XYZ to compensate ABC Company for the following infringement handling activities:
2.1. Expectation cost:
2.2. Expenses for hiring lawyers to handle acts of infringement, prevent and remedy consequences, and costs of lawyers to participate in legal proceedings: VND 200,000,000 (two hundred million VND).
3. Forcing Company XYZ to publish a public apology to ABC Company in 3 consecutive issues on 05 newspapers: Lao Dong, Thanh Nien, Tuoi Tre, Ho Chi Minh City Law, Capital Security.
4. Force XYZ Company to send a letter of correction and apology to all agents, stores, and partners who have purchased and sold goods for ABC Company.
5. Forcing XYZ Company to stop all acts of infringing upon ABC Company’s intellectual property rights.
During the settlement of the case, ABC Company will continue to explain and add additional requirements, documents, and evidence to prove the above requirements.
CONTENTS OF WORK
Company ABC (formerly Company ………… established in ) ……
Because the products of ABC Company in the field of manufacturing and trading rolling doors and aluminum profiles have become familiar to consumers, it has been intentionally copied by some companies and production facilities. Copying, falsifying, causing damage to the legitimate rights and interests of ABC Company and consumers, specifically the Company’s violations …
For many years, Company XYZ has been trading in products that infringe on the intellectual property rights of ABC Company on an increasingly large scale, we had to request the Hanoi Market Management Sub-Department and the Inspectorate of the Ministry of Science and Technology. and Technology to intervene and solve. After inspection and examination, the authorities confirmed that Company XYZ had violated the intellectual property rights of ABC Company and issued decisions to sanction administrative violations according to regulations. under the law
From the above grounds, ABC Company respectfully requests the Court to consider and accept our above requests.
Best regards!
Plaintiff
ABC Construction Import Export Joint Stock Company
Methods of handling trademark infringement
Establish legal status and prepare documents:
So, to establish our industrial property representation, the required document is a Power of Attorney. The request form shows that we are the industrial property representative. And the content of authorization must include procedures for enforcement and protection of industrial property rights in Vietnam.
To handle the infringement of rights, the right holder must provide the above documents.
Intellectual property assessment
Intellectual property assessment is an optional step, but the assessment conclusion is an important document in the infringement handling process. This is considered a source of evidence for the competent authorities to handle the case. Therefore, IP assessment is a step that should be taken before officially handling violations.
However, if a moderate level of violation is found and the violator is in good faith, it is not necessary to conduct an inspection (compliance with the first warning requirement).
Handling Trademark Infringement
Based on the assessment results, the right holder can choose the following options to handle the infringement of the right, including:
Option 1: Violation warning service. In case the customer agrees to follow this option, we will send a warning letter to the violating party.
In case the violating party fails to comply with the above requirements. Or incomplete implementation, the right holder can consider option 2 below.
Note: This option is not mandatory according to current regulations.
Option 2: Requesting competent authorities to handle the infringing acts of the violating party (administrative measures)
According to this option, we will draft the necessary documents. In addition, file a request for handling infringement to a competent state agency. Depending on the locality and the nature of the case, the competent authority may be selected according to the provisions of Article 11 of Decree No. 99/2013/ND-CP.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Re-issuance of copyright registration certificate for foreign works
- How to register a foreign logo in Vietnam?
Frequently asked questions
Before proceeding with the handling of trademark infringement, it is necessary to carry out a trademark assessment, although it is not mandatory, because the results of the trademark assessment are an important document in the process of handling trademark infringement and are considered a source of information. evidence for competent authorities to deal with such violations.
Apply technological measures to prevent trademark infringement;
To request organizations and individuals committing acts of trademark infringement to stop the infringing acts, apologize, make public corrections, and compensate for damage;
Request competent state agencies to handle acts of trademark infringement by the law.
Place of application: Name of the agency competent to handle trademark infringement
Information of organizations/individuals required to be handled and the trademark infringed unit
Information on intellectual property rights to the infringed trademark
Requested content to be handled and handling measures.
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