Could we deal with dispute about infringement if an application for registration of trademark accepted as being valid, hasn’t been licensed yet? How do we do to deal with it? T2H Lawyers would like to answer these questions.
If the owner has applied for trademark registration which hasn’t been protected yet but discovering infringement of trademark, he should follow measures listed below:
In the time wating for the owner’s certificate of trademark registration, he needs to collect elevant information such as: evidences proved that the property rights of trademark belongs to him ( creation time, time put into operation, the popularity of this trademark,…) and his trademarks are being infringed,… Then, the owner could send warning letter to request any organization or individual who commits an act of infringement of the Intellectual Property rights of the holder to terminate such infringement as well as attached another notification to customer to inform about infringement of the Intellectual Property rights.
In case the infringing party files applications for registration of industrial property objects but those objects are identical with or confusingly similar to yours applied before, application owner could send opposition to the National Office of Intellectual Property requesting not to grant the certificate of trademark registration for the infringing party’s applications for registration of industrial property.
However, the measures above aren’t always possible to deal with the infringement of the Intellectual Property rights. It is due to the fact that only when the owner is granted for certificate of trademark registration which means being recognized by competent agency about his lawful rights to trademark, he could have full of legal basis to solve this dispute by initiating a claim at an arbitration centre or a lawsuit at a court,…
Therefore, as soon as receiving the certificate of trademark registration, if the infringement of the Intellectual Property rights is still going on, the owner could immediately send petitions for initiating a claim at an arbitration centre or a lawsuit at a court enclosed with envidences collected before to protect his rights.
Contact T2H Lawyers for more information.
T2H Law Liability limited company
Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi
Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Phone: 0242 242 9900 – 0989 656 682
Email: email@example.com – firstname.lastname@example.org