Protection Owner of Trademark

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In the legal practice of many developing countries, various violations of the rights of holders of registered trademarks are quite common. 

Such violations, for example, can be: 

  • Placement of a trademark on various goods and their packaging, marking a trademark on workwear. Such goods may be counterfeit, and personnel wearing labeled clothing may not have a work permit or provide services without the permission of the copyright holder. 

  • The use of a logo that has already been registered earlier by another patent holder for the sale, manufacture, sale, demonstration, transportation, storage of goods, in the territory of countries without obtaining the appropriate permission from the patent holder. 

  • Placing a trademark on corporate documents without the permission of the patent holder. The use of a trademark in advertising goods and services that have not yet been introduced into civil circulation. 

  • Use of a trademark on the Internet, when posting information on sites, using a designation in a domain name or other cases without the appropriate permission of the legal patent holder. 

In case of establishing the fact of violation of rights, it is necessary to assess what violations were made, as well as compare the registered trademark with the mark / marks that violate your rights. 

You can resort to self-protection of your rights by sending a warning letter to the violator, informing about the violation and possible consequences. 

If this measure fails, the rightholder should resort to protecting his rights in court - through a claim to acknowledge the fact of violation, demand its termination and compensation for damage, or pay compensation. 

Also, depending on the circumstances of the violation, it is possible to apply measures to counteract unfair competition or to bring him to criminal liability.

What should you look out for in the event of conflicts related to trademark protection?

The main point is a properly built evidence base. Evidence should be the required list of documentation. The legal and criminal legislation of any country has enough leverage to effectively combat fraud.


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