Protection of trademark rights
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Protection of trademark rights

A trademark is a very real, though intangible value. In order to avoid misappropriation, counterfeiting or copying of a trademark or service mark by unscrupulous persons, its registration is made, after which disputable situations become possible to resolve in favor of the right holder, including in court.

We can often see how in the windows of stores, bridal salons, beauty salons and other trade and service organizations the brands of well-known manufacturers adorn the windows. If this is done without a license agreement, it is illegal advertising. Legal action in such cases is quite rare, but it happens.

When the use of TM is not considered a violation

If the goods have been put into circulation in the Russian Federation with the written permission of the right holder, the use of the trademark located on them by others is legal. In other cases, the use of designations covered by legal protection in Russia requires the permission of the owner, executed in the form of a license agreement.

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Liability for infringement of trademark rights

The infringer of trademark rights is obliged to stop the unlawful acts. He bears civil, administrative and criminal liability.

One of the flower stores in Moscow placed an image of the brand of a famous manufacturing company in the window. The copyright holder has filed a statement of claim in court. As a result of negotiations on a mutual agreement between the companies was a licensing agreement. But the plaintiff is not always ready to settle. And in such a case, undesirable consequences may arise for the infringer.

The protection of rights to TK implies that the right holder has the right to demand from the infringer of the law:

  1. Withdraw from circulation all labels and packages of goods depicting the infringing trademark.
  2. Remove the infringing trademark from the packaging and labels of goods.
  3. The services or work performed by the defendant shall be subject to removal of the trademark from the advertising materials and documentation.
  4. Payment of compensation ranges from 10 000 rubles to 5 000 000 rubles. The amount for the infringement of an exclusive right shall be determined by the court.
  5. Payment of compensation in 2 times the value of the goods on which the illegally used trademark is placed.
  6. Payment of compensation at the rate of 2 times of the profit for the goods on which the illegally used trademark is placed, in case the goods could have been sold.

The infringer of the trademark rights for actions committed more than once or resulting in major damages may be subject to a penalty:

The court protection also provides that the infringer of the rights to the unregistered trademark in Russia may be punished by a fine of 200,000 rubles or the income of the infringer for multiple acts or acts resulting in a major damage:

When infringement of the rights to a trademark registered or unregistered in Russia has been committed more than once or has caused major damage and, by prior conspiracy, the infringement has been committed by an organized group or by a group of persons, the following penalty may be imposed

Trade mark protection abroad is also performed on the basis of the registration fact, but sometimes, as for example in the USA - on the basis of the proved fact of its use. Since the Paris Convention, special attention has been paid to the protection of well-known trademarks around the world.

A company (let's call it "Tettronim") sued "Tettronim-Neo" for alleged similarity to its trademark. Upon investigation, the court determined that the image used on the defendant's printed products differed greatly from the plaintiff's logo in form and color. On this basis, the suit was dismissed.

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Transneft Oil Pipeline Company
We have high internal standards of work and requirements for contractors. We were pleasantly surprised by the quality of work of this organization. They are very scrupulous in their work.
Sunny Circle grocery supermarket chain
Already at the stage of the free trademark blitz they showed themselves to be worthy, everything is clear and competent. It's a pleasure to work with professionals. We were satisfied with the result.
Producer of dairy products "White Bear"
"The specialists at Prof-Patent are highly competent and professional. They are able to solve even the most complicated problem."
Producers of soft drinks and mineral water "Akvadar"
We have been working with Prof-Patent for more than 10 years. Our cooperation totals dozens of projects. "Prof-Patent provides competent legal support at the highest level.
"Pinta" chain of sports bars
"We applied to Prof-Patent for trademark registration in Rospatent. Prof-patent" specialists treated our question extremely carefully and with great dedication. We hope for further fruitful cooperation".
Head of Marketing N.V. Safronova
"The employees of Prof-Patent consider each issue thoroughly and in the shortest possible time. We advise all companies to apply to Prof-Patent for protection of their intellectual rights".
"Asorty"
The quality of the guys' work is top-notch. Registration of the TOR went without any problems. They prepared everything quickly and professionally. The work is done on excellent.
Flash
We turned to patent attorneys for brand registration. The firm's team was great, they explained the important nuances and helped us avoid a few pitfalls. We were positively impressed after the cooperation. We were attracted by the guarantee of the result under the contract for a refund, they are responsible for their work with their heads.
Construction Concern "VANT"
Prof-Patent specialists prepared all the necessary documents very quickly, and the whole process of registering the TOR went off without a hitch. We have only positive emotions from cooperation with Prof-Patent.
Kvas "Starominskiy"
Trademark registration took place in a very short time, and possible errors would have caused significant problems. But the company "Prof-Patent" completed its work just flawlessly!
All-Russian Film Festival «Bridge_of_Arts»
Horizon radar factory
By the nature of our business we often deal with patenting. "Prof-Patent" is a pleasant example in our practice, when the company solved all our issues on patent registration in the shortest possible time without any problems. We have known the company for decades and have registered several patents through it.
Elis clothing and shoe stores
The firm's staff did an excellent job on the trademark registration project. They are able to offer a non-standard solution to the problem. It was convenient that during the cooperation we communicated directly with the patent specialist, not through the manager. I liked working with them. I recommend them.
Pharmacy Chain "South pharmacy"
I haven't lost sight of these guys for a long time. It's hard to find an organization that does its job without complaints! They easily resolved the issues with Rospatent regarding the trademark intersection of the word "South" with other companies. Current questions are answered on the day of application.
DON-PLAZA
A very serious and responsible approach to business. "Prof-patent" saved our nerves and time. I express my sincere gratitude to all the employees of the company for their true professionalism. These guys are perfectionists in a good way!
SOHO
Based on previous experience with other companies, I was convinced that the deadline for registration of trademarks is delayed, but I was pleasantly surprised when these guys did everything in time, as stated. I would gladly recommend them to my partners.
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