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With our lawyers in Trademark Infringement Cases in Vietnam, you will receive the most dedicated and professional assistance! Trademark infringement can severely impact a business’s reputation and profitability. In Vietnam, navigating the complexities of trademark protection and enforcement requires expert legal guidance. Lawyers specializing in trademark infringement cases play a crucial role in helping businesses safeguard their intellectual property rights. From gathering evidence and assessing violations to taking legal action in courts or before relevant authorities, these professionals provide essential support for businesses seeking to protect their brands and resolve disputes efficiently. If you are facing trademark infringement in Vietnam, consulting with a specialized lawyer ensures that your rights are defended effectively.
Steps to Handle Trademark Infringement cases in Vietnam
To address trademark infringement, the rights holder should take the following steps:
Gather Evidence of the Infringement
The rights holder should gather comprehensive documents and evidence to substantiate the infringement, which may include photographs, sales records, product samples, advertising materials, or any other proof that clearly shows the infringing use of the trademark. This evidence should also identify the infringing party—whether an individual or an organization—and outline the specific method of infringement, such as unauthorized use of the trademark on products, services, or marketing materials. In cases where there is a risk that the infringer might destroy evidence or alter the infringing products or services, the rights holder can request the assistance of a notary or a legal professional to create an official record (known as a “notarial minutes”) documenting the infringement. This notarial record serves as a critical piece of evidence that can be used in legal proceedings or administrative actions to prove the violation of trademark rights.
Conduct an Infringement Assessment
To determine if the alleged act constitutes a trademark infringement, the rights holder should submit a request for an expert opinion to an organization capable of evaluating trademarks. Currently, the Institute of Intellectual Property Science is the only body authorized to assess industrial property rights in accordance with the law. The conclusion of this organization serves as crucial evidence for authorities to handle the trademark infringement or resolve intellectual property disputes.
Send a Warning Letter Demanding the Infringement Cease
After receiving an expert’s conclusion confirming the infringement, the rights holder should send a warning letter to the infringing party, demanding that they immediately cease the infringement, remove the infringing elements from the goods or services, and possibly compensate for damages (if applicable). If the infringement occurs on platforms like Facebook or YouTube, the rights holder can use the report feature of these platforms.Sending a warning letter is not mandatory for handling trademark infringement. However, if the infringer voluntarily ceases the infringement after receiving the letter, this can save time, effort, and costs for the rights holder.
Request State Authorities to Handle the Infringement
Depending on the severity of the violation, the rights holder can request relevant state authorities to conduct inspections, audits, and impose administrative penalties in accordance with the law on administrative violations. If the infringement involves criminal elements, the rights holder can report the matter to the competent police authority for investigation under the Criminal Code.
File a Lawsuit in Court
The rights holder may file a lawsuit against the infringer in a competent People’s Court, requesting the court to order the cessation of the infringement, removal of the infringing elements from the goods or services, or destruction of the infringing goods (if the infringing elements cannot be separated from the goods or services). The court may also order a public apology and correction in newspapers or websites, as well as compensation for the actual damages the rights holder has suffered due to the infringement.
These steps ensure the protection of trademark rights and help resolve trademark infringement effectively.
Why Choose Our Lawyers in Trademark Infringement Cases in Vietnam?
Expertise: With a team of highly experienced lawyers and in-depth knowledge in intellectual property law, we are committed to providing you with comprehensive and effective legal solutions for trademark protection and enforcement.
Local Knowledge: We have a deep understanding of the market and business environment in Nha Trang, Khanh Hoa. This local expertise allows us to offer tailored advice and support that is perfectly aligned with the specific characteristics of the region.
Comprehensive Services: We offer a full range of services, from legal consultation and trademark registration to handling disputes and trademark infringements. Whatever your issue may be, we ensure it is resolved thoroughly and efficiently.
Confidentiality Guarantee: We prioritize the confidentiality of our clients’ information. Your trust is essential to us, and we always place the utmost importance on protecting your privacy and reputation.
Our services
DCNH Law’s Trademark Infringement Handling Services include the following tasks:
- Consulting on specific measures and methods for handling trademark infringement in accordance with legal regulations;
- Submitting requests for an expert assessment of trademark infringement elements;
- Drafting and sending warning letters to the infringing parties, demanding them to cease the infringement, remove infringing elements, and compensate for damages (if applicable);
- Drafting and submitting requests for action to the relevant authorities to handle trademark infringement;
- Drafting and submitting lawsuits to the competent People’s Court for intellectual property dispute resolution;
- Representing the rights holder in the infringement process and/or in litigation at the court;
- Performing other necessary tasks to resolve the case.
Don’t let trademark infringement damage your brand’s reputation and value. Contact us now for timely consultation and support.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
