What is trademark infringement?
According to regulation, the following acts if being performed without the permission of trademark owners, shall be regarded as infringements of trademarks:
- Using signs identical with protected marks for goods or services identical with goods or services on the lists registered together with such marks;
- Using signs identical with protected marks for goods or services similar or related to those goods on services on the lists registered together with such marks, if such use is likely to cause confusion as to the origin of the goods or services;
- Using signs similar to protected marks for goods or services identical with, similar to or related to goods or services on the lists registered together with such marks, if such use is likely to cause confusion as to the origin of the goods or services;
- Using signs identical with, or similar to, well-known marks, or signs in the form of translations or transcriptions of well-known marks for any goods or services, including those identical with, dissimilar or unrelated to goods or services on the lists of those bearing well-known marks, if such use is likely to cause confusion as to the origin of the goods or services or misleading impression as to the relationship between users of such signs and well-known mark owners.
What is trademark use?
According to regulation, the use of a trademark is the implementation of the following acts:
- Affixing protected trademarks to goods, packages of goods, means of business, means of services, transaction documents in business activities;
- Selling, offering for sale, advertising for sale, displaying for sale, storing for sale, transporting goods bearing protected trademarks;
- Importing goods and services bearing protected trademarks.
How to handle trademark infringement?
Handling with administrative remedies
According to regulations, the maximum fine for individuals who infringe trademark rights is VND 250,000,000. The maximum fine for organizations that infringes trademark rights is VND 500,000,000, as follow:
Handling with civil remedies
According to regulation, Courts shall apply the following civil measures to handle organizations and individuals that commit acts of trademark infringement:
- Compelling the termination of infringing acts;
- Compelling the public apology and rectification;
- Compelling the performance of civil obligations;
- Compelling the payment of damages;
- Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used largely for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders.
Civil remedies are applied to handle acts of infringement at the request of trademark owners, organizations or individuals that suffer from the damage caused by those acts, even when those acts have been or are being handled by administrative or criminal remedies. The procedures for request for application of civil remedies and the competence, order and procedures for application of civil remedies shall comply with the provisions of law on civil procedures.
Handling with criminal remedies
- A person who infringes industrial property rights to a trademark or geographical indication protected in Vietnam and earns an illegal profit of from VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND 200,000,000 to under VND 500,000,000 to the owner of such trademark or geographical indication or with the infringing goods assessed at from VND 200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years’ community sentence.
- The offence committed in any of the following circumstances carries a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 06 months – 03 years’ imprisonment:
- a) It is organized crime;
- b) It is committed twice or more;
- c) The illegal profit reaped is from VND 300,000,000;
- d) The loss caused to the owner of the trademark or geographical indication is from VND 500,000,000;
- e) The illegal goods are assessed at from VND 500,000,000.
- The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.
A corporate legal entity that commits any of the offences specified in this Article shall be penalized as follows:
- Any corporate legal entity that commits an offence specified in Clause 1 of this Article despite the fact that it has incurred an administrative penalty or has an unspent conviction for the same offence, shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000;
- A corporate legal entity that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 – 24 months;
- A crime-committing corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be banned from operating in certain fields or raising capital for 01 – 03 years.
How much does it cost to handle trademark infringement?
Please contact us immediately to enjoy the best schedule of fees.
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