RESOLVING TRADEMARK DISPUTE

In today’s globalized economy, branding is an urgent requirement for goods. Trademarks have an organic relationship with goods. Legal ownership of a trademark allows a business to exclusively sell a product or exploit the benefits of that ownership. Intellectual property in general and trademarks in particular offer great opportunities to have a large scope of protection and exploitation in many countries. Therefore, businesses should pay special attention to dispute over their trademark ownership to avoid both material and brand reputation losses. Lincon would like to introduce to you common trademark dispute as follows:

1. What is a trademark dispute?

Trademark disputes are understood as conflicts, discord and conflicts of rights and interests between two or more parties related to one or more registered trademarks in which the parties believe that the trademark belongs to own ownership and the use of the other party’s trademark has affected their legitimate rights and interests.

Disputes related to trademarks include:

– Disputes over priority rights to trademark applications;

– Disputes over the rights of the owner of the trademark object (including disputes over the rights of co-owners);

– Disputes arising from acts of trademark infringement;

– Disputes over trademark ownership transfer contracts; a contract to transfer the right to use a trademark owner or a dispute over a trademark representation service contract;

– Other disputes over trademark ownership according to the provisions of law.

2. How to resolve dispute on trademark  

– Through negotiation and bargaining measures: request organizations and individuals who have committed acts of infringing intellectual property rights to stop the acts of infringement, apologize, make public corrections, and compensate for damages.

– File a lawsuit in court or arbitration to protect your legitimate rights and interests. In this measure, you need to prepare the following documents:

+ Original trademark protection certificate or notarized copy, or confirmation from the agency that issued the protection certificate.

+ Evidence proving that a violation has occurred.

+ Copy of the violated party’s Notice to the violating party, which sets a reasonable time limit for this party to stop the violation and evidence proving that these parties do not stop the violation offense.

+ Evidence proving the need to request the application of preventive measures and ensure sanctions in case the aggrieved party simultaneously requests the application of this measure.

+ Request competent state agencies to handle acts of infringement of intellectual property rights.

– After requesting the administrative agency to sanction the violator, the rights holder can continue to sue in court to request compensation for damages; Or you can combine administrative measures and sue in court to bring more efficiency to intellectual property rights holders.