Trademark Infringement lawyers in Vietnam assist trademark infringement
Self protection of trademark infringement in Vietnam
Owners of trademarks
may need a lot of time and effort to protect themselves from trademark
infringement in Vietnam. It is recommended to talk with brand name encroachment
attorneys in Vietnam for help in light of the fact that the comprehension of
specialized matters, lawful grounds and business practice in Vietnam.
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The trademark owner in
Vietnam has the self-protection right to: (i) apply technological measures to
prevent acts of trademark infringement in Vietnam; (ii) request the
organization or individual who commits an act of trademark infringement to
terminate such act, make a public apology or rectification, and compensate
damages when detecting the act of trademark infringement; iii) Make a request
to the appropriate authority to deal with trademark infringement in accordance
with the laws.
To begin, the
infringing party can inform the infringing party that the infringed trademark
is protected and that the infringing party is not to infringe in order to
implement technological measures to prevent acts of trademark infringement.
This information can include information about the original of emergence, the
trademark certificate, the protection and duration scope, as well as other
information about the right of the trademark owner. In addition, the owner of
the trademark that is being infringed upon may employ the technical means or
measures to mark, identify, distinguish, and safeguard the trademark that is
being infringed upon.
Besides, the proprietor
could likewise demand association or person who commits a demonstration of
brand name encroachment to end such demonstration, make a general
acknowledgment or correction, and remunerate harms. In particular, trademark
owners can send information about the origin of the infringement, a trademark
certificate, the protection scope, the duration of the protection, and a
reasonable time frame for the infringer to stop the act of infringement to the
infringer, or they can authorize an IP attorney in Vietnam to send this
information to the infringer.
Additionally, the
content of the written request will vary based on the situation and degree of
infringement. This could be referred to as a prior-should-use measure taken
prior to implementing technological measures. Both parties will save time and
money if the violating party cooperates and stops the infringement.
Thirdly, proprietor of
brand name could demand the capable position to manage demonstrations of brand
name encroachment as per the arrangements of regulations.
When the trademark
owner sends the above-mentioned request to the infringing party and the
infringing party refuses to cooperate and continues the infringement, the
infringing party may send the following information to the competent authority:
date that the request was made; the name and address of the violator or their
representative; name of getting demand authority; the name and address of the
party infringing; in the event of a request for a temporary cessation of
customs clearance for exports or imports suspected of infringement, the name
and address of the suspected violator; brief data of encroached brand name and
encroachment; suggested ways to deal with infringement; documents and evidence that
are included with the request
The petitioner may
request administrative, civil, criminal, or customs measures from the
appropriate authorities based on the seriousness of the violation. It should be
noted that additional information on the mode of import or export, country of
exportation, mode of packaging, the lawful importer or exporter, and features
of lawfully imported or exported goods for distinction from infringing goods
must be provided when a request for temporary cessation of customs clearance
for imports or exports suspected of infringement is sent to the custom
authority.
How trademark infringement lawyers in Vietnam could help with trademark infringement in
Vietnam?
In general, it is
crucial to safeguard intellectual property rights. In addition, working with an
IP attorney in Vietnam will make the registration, management, and protection
of intellectual property from infringement as well as the handling of disputes
against IP violators in Vietnam through administrative measures, civil litigation,
or even criminal prosecution, all more efficient.
