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.
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.
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:
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.