Currently, the illegal copying of intellectual property rights on goods and services is very common, causing damage to businesses and consumers. Not to mention, when trademarks, designs, logos are copied, the struggle to reclaim the rights of businesses is also very difficult... Below are the details of trademark examination, which is an important process in settling and reclaiming your rights.
Trademark is a sign used to distinguish goods and services of different organizations and individuals; is an extremely valuable asset of a person or company performing or producing and is one of the objects of industrial property protected by law through the registration of trademark protection. Trademarks are always associated with products and services and play an important role in shaping the value of the business. Because of the values brought, trademarks are always one of the most infringed objects for the purpose of confusing consumers about goods and services between companies
Acts committed without the owner's permission are considered acts of infringement of trademarks, including:
Firstly: Using signs identical to protected marks for goods or services identical to goods or services on the list registered together with such marks;
Secondly: Using a sign identical to a protected mark for goods or services similar to or related to goods or services on the list registered together with such mark, if the use is likely to cause confusion about the origin of the goods or services;.
Thirdly: Using signs similar to protected trademarks for goods or services that are identical, similar or related to goods or services on the list registered together with such marks, if the use is likely to cause confusion about the origin of goods or services;
Fourth: Using signs that are identical or similar to well-known trademarks or signs in the form of translation or transcription from well-known trademarks for any goods or services, including goods or services that are not identical, dissimilar and unrelated to goods and services on the list of goods, services bearing a well-known trademark, if the use is likely to cause confusion about the origin of the goods or give a false impression of the relationship between the user of the mark and the owner of the well-known mark.
When infringement of intellectual property rights to a trademark occurs, the determination and proof of infringement is accurate when there is a judgment on the degree of similarity between the two trademarks through the assessment of trademark infringement. Accordingly, trademark assessment is the activity of an agency with an assessment function that will make assessments based on many criteria to determine whether there is similarity between trademarks.
Trademark infringement assessment is not a compulsory activity, but the assessment conclusion is one of the important sources of evidence for competent agencies to settle and handle trademark infringement.
– Holders of industrial property rights
– Organizations and individuals requested to handle acts of infringement or complaints or denunciations about industrial property
Organizations and individuals with rights and interests related to industrial property disputes, infringements, complaints and denunciations.
The right to submit an assessment application can be exercised directly or through a representative (by law or by written authorization).
If you are in need of hiring a lawyer to settle, please refer to: Trademark infringement handling services
Pursuant to the Law on Intellectual Property and Decree No. 65/2023/ND-CP detailing industrial property, protection of industrial property rights, and management of plant varieties., the assessment application has been specifically given – which is a collection of documents, evidences, specimens, etc. expressing the requirements, purposes, objects and contents of the assessment. On that basis, a trademark infringement assessment dossier includes:
+ A written request for assessment of trademark infringement, according to the form
+ A copy of your Trademark Registration Certificate
+ Sample documentation of your trademark and that of the infringer
+ Assessment contract.
Submission of Assessment Application: Assessment application can be submitted directly or by post at the address: Institute of Intellectual Property Sciences – Address: No. 21 – Lane 67 – Do Quang Street – Cau Giay District – Hanoi
The assessment for infringement of trademark ownership rights is also carried out on the basis of the steps of the general assessment. Specifically, as follows:
Step 1: Receive the Request for Assessment (receive the Application) In step 1, the person who has the right to request the trademark infringement assessment and the competent person take the steps in the following order:
+ The person who has the right to submit the application can submit it directly or by post at the address: Institute of Intellectual Property Science – Address: No. 21 – Lane 67 – Do Quang Street – Cau Giay District – Hanoi
+ Officials competent to receive applications, examine and mark specimens/documents
+ Marking the status quo and collecting basic fees (for direct units)
+ Notification of receipt
+ Preparation of assessment dossiers
+ Enter the receipt book and hand over the dossier to the expert for further assessment steps.
Step 2: Accept the assessment dossier The acceptance of trademark examination dossiers is carried out through 5 specific tasks:
+ Examination of the form of assessment dossier and examination of assessment objects
+ Assessment of the validity and conformity of assessment requirements
+ Conclusion of acceptance / Refusal of assessment
+ Notice of conclusion: Conclusion of trademark infringement assessment contract
Step 3: Carry out the contents of the trademark examination
+ Examination of grounds for arising / establishment of trademark ownership
+ Look up information about the source of ownership + Scope of ownership checks
+ Positioning and setting of objects to be considered
+ Consideration and assessment of subjects to be considered for trademark infringement assessment
+ Total
Step 4: Processing inspection results
Including the following tasks: Developing inspection products; settlement of assessment fees; handing over products for liquidation of contracts; Processing trademark examination dossiers.
If you need more support in trademark infringement inspection services, please contact us for detailed advice.
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