Trademark Protection
Legal services for trademark protection
In the face of ever-increasing competition, one of the main drivers for the promotion of goods and services on the market is the popularity of a trademark (trademark).
Legal protection of the designation of a company that is an active participant in commercial relations is the most important direction in the policy of ensuring its stable participation in the market. This line is due to the unfair behavior of competitors who, not wanting to invest heavily in the development of their trademark, resort to infringement of exclusive rights and place well-known names on their products, thereby misleading consumers regarding the adoption of an erroneous economic decision to purchase a particular product, and also bring significant losses to copyright holders.
By releasing low-quality products under well-known trademarks and encouraging consumers to purchase them, such violators damage the reputation of a bona fide manufacturer and lower the level of confidence in its products.
In such situations, the protection of the right to a trademark is a qualitatively different method of protection, which is aimed at limiting the circulation of counterfeit products on the market and ensuring a stable circulation of quality products and services.
Ways to protect a trademark. Judicial defense
Disputes related to the protection of trademark rights may be resolved through administrative, civil or criminal proceedings.
Protecting a trademark in court is the most common way to protect a trademark. The statement of claim is filed by the right holder with a demand to stop the illegal use of a trademark by withdrawing from circulation and destroying counterfeit goods.
In addition, the arbitration court may, at the request of the plaintiff, recover damages from the infringer, or, at his option, pay compensation in the amount of up to 5 million rubles.
These requirements can be satisfied by the arbitration court subject to the rule of precedence, that is, based on the filing of an application for registration of a trademark with the federal executive authority for intellectual property. For example, if the plaintiff and the defendant are legal entities with identical trade names or trademarks, then when resolving a dispute between them, judicial protection will be provided to the one who previously submitted the application.
The right holder, using the existing legal methods of combating unfair competition, has the right to demand legal compensation from the violator and the suppression of further use of his trademark in advertising.
It is important to note that the increase in the number and complexity of disputes led to the creation of a specialized Court for Intellectual Property Rights, whose jurisdiction, in particular, includes consideration of disputes about challenging decisions, actions and regulatory legal acts of various authorities, if they relate to issues of intellectual property rights.
Administrative protection order
To administratively challenge the refusal: in accepting a trademark application for consideration, on state registration of a trademark, refusal in state registration of a trademark and on recognition of a trademark application as withdrawn, decision on granting or refusing to grant legal protection on the territory of the Russian trademark in accordance with the international treaties of the Russian Federation, possibly by filing objections with the specialized body.
In addition, the legal protection of designations in an administrative manner, within their competence, is also carried out by the customs authorities. In this case, intellectual property objects included in the customs register of intellectual property objects fall under protection. This method of protection of right holders is aimed at limiting unauthorized foreign trade turnover with counterfeit products.
An effective means is also the appeal of the copyright holder to the Federal Antimonopoly Service, which has sufficient authority to stop the illegal actions of the violator.
Based on the results of the necessary control measures, this federal executive body has the right to bring the violator to administrative responsibility.
The Federal Antimonopoly Service has the right to initiate and consider cases of violation of the antimonopoly law, take decisions based on the results of their consideration and issue instructions. Such cases are considered by the antimonopoly authorities in specially created commissions.
International security
Since the global economic space is not limited to the territory of the Russian Federation, and often the use of a trademark extends to other states, the importance of the international system for regulating exclusive rights, in particular international treaties between members of the participants in international relations, increases.
If a trademark is registered in a foreign state, your intellectual property right can also be protected through the judiciary according to the rules of international law.
Legal protection is based on international treaties of members of the unions that have ratified the following international agreements: the Paris Convention for the Protection of Industrial Property of 03/20/1883, the Madrid Agreement on the International Registration of Trademarks of 04/15/1891.
How to order the service of our company?
You can leave an application on the website of our company by filling out the appropriate form, by calling in St. Petersburg: 8 (812) 920 12 75 or by sending a request by e-mail: info@legalright-company.ru