Brand protection is not just about intellectual property rights for innovative products in various fields, but also about protecting the reputation and prestige of businesses established in the market. Therefore, any infringement can affect the business. So what Mechanism for handling and protecting infringed trademarks?
Mechanisms to handle and protect infringed brands
Case 1: The brand has been granted protection and it is discovered that there is an organization producing counterfeit products with that brand. The brand owner can choose various measures such as:
- Applying technological measures to prevent infringement of intellectual property rights.
- Requesting the organization or individual infringing the intellectual property rights to cease the infringement, apologize, publicly rectify, and compensate for damages.
- Requesting the competent state agency to handle the infringement through administrative measures depending on the level of infringement and the harm caused to the owner.
- Filing a lawsuit in court or arbitration to protect their legal rights and interests. In cases where the level of infringement constitutes a criminal offense, criminal liability may be pursued.
Case 2: The brand is not registered or is awaiting protection, and it is discovered that there is an organization producing counterfeit products with that brand.
Currently, there are no specific mechanisms to protect industrial property rights (brands) in this case, as it is intangible property and therefore susceptible to infringement by other entities. The only way to protect one’s brand is to register it with the Intellectual Property Office.
In the case where protection has been applied for but a certificate has not been granted, during this period, the brand owner needs to collect relevant information such as evidence proving their ownership of the brand (creation time, time of launch, brand awareness, etc.); gather evidence of infringement of their brand, etc. So that after being granted the protection certificate, the owner can promptly file a lawsuit in court to protect their rights.
Lessons for businesses for handling and protecting infringed trademarks
Therefore, some lessons and experiences that businesses should consider when building and protecting their brand are: (1) Avoid using common or descriptive terms as the names that describe the quality and characteristics of the goods or services offered; (2) If there is uncertainty about whether their brand can be distinguished or not, they should consult reputable trademark lawyers and experts to have a suitable and effective brand registration and protection strategy; (3) Establish rules and regulations, a specialized team to conduct management activities and control the use of the company’s brand…
Above is the article:”Mechanism for handling and protecting infringed trademarks” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: email@example.com
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