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When discovering that an organization or individual has infringed upon their trademark rights, trademark owners often find themselves perplexed and uncertain about how to proceed. In such cases, engaging the services of a trademark infringement resolution provider becomes the optimal choice for the rights holder to efficiently address violations in accordance with Vietnamese law, protecting their rights and legal interests. This essay outlines essential steps for handling trademark infringement under Vietnamese law.
Gathering Evidence of Trademark Infringement
Trademark owners must collect documentation and evidence demonstrating the infringement of their trademark rights. This includes gathering proof of the infringing party’s actions, the individual or organization responsible for the infringement, and the methods used to violate the trademark rights. When necessary, to prevent the infringing party from dispersing evidence or removing infringing signs, the rights holder may request the competent authorities to issue a preservation order.
Appraisal of Infringement Factors
To determine whether the actions under review constitute trademark infringement, the rights holder can submit a request for an appraisal to the organization responsible for trademark appraisal. Currently, the Intellectual Property Institute is the sole authority with the function of appraising objects of industrial property rights as stipulated by law. The conclusion reached by this institute serves as crucial evidence for the competent authorities handling trademark infringement cases or the authorities resolving intellectual property disputes.
Sending Warning Letters Requesting Cease and Desist
Upon receiving the appraisal conclusion that confirms trademark infringement, the rights holder sends a written warning letter requesting the infringing organization or individual to immediately cease and desist from the infringement, remove infringing elements from goods and services, and may seek damages if applicable. In cases where trademark infringement occurs on platforms such as Facebook or YouTube, the rights holder can utilize the reporting function provided by these channels.
While sending a warning letter is not a mandatory requirement for dealing with trademark infringement, if the infringing party voluntarily ceases their infringing activities upon receiving the warning letter, it can save the rights holder effort, costs, and time in pursuing legal actions.
Requesting Competent State Authorities to Handle Trademark Infringement
Depending on the nature and severity of the infringement, the rights holder can request competent state authorities to conduct inspections, examinations, and issue administrative penalties for administrative violations according to the law on administrative penalties or report the infringement to the competent police investigation agency if the case meets the criteria for constituting a crime under the Criminal Code.
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Criminal offenses associated with intellectual property rights in Vietnam
Filing a Lawsuit in the Competent People’s Court
Trademark owners have the option to file a lawsuit against the organization or individual committing trademark infringement in the competent People’s Court. Through this legal process, the rights holder can request the court to order the infringing party to cease their infringing activities, remove infringing elements from goods and services, publicly apologize, correct information on newspapers or websites that violated the rights, and compensate for actual damages suffered due to the trademark infringement.
Handling trademark infringement in Vietnam involves a systematic and legal approach, encompassing evidence gathering, appraisal, warning letters, involvement of state authorities, and potential legal proceedings. Engaging in these steps not only ensures the protection of trademark rights but also contributes to maintaining a fair and competitive business environment in Vietnam. By navigating the Vietnamese legal landscape and leveraging the available legal remedies, trademark owners can safeguard their intellectual property and promote a culture of respect for intellectual property rights.
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Cases of Intellectual Property Infringement in Vietnam
Lawyers specializing in resolving intellectual property disputes in Vietnam
With a team of lawyers trained extensively in intellectual property and many years of experience in intellectual property cases in Vietnam, we take pride in providing our clients with professional and effective services in handling intellectual property disputes. Contact us now:
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DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
