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Legal briefing notes

Judicial protection of a trademark

Nowadays, in all areas of business companies tend to be closer and more available for customers and partners and increase clients' loyalty. Elements that increase the publicity of a particular brand play a prominent role in this process. One of the most strategically important attributes is the trademark.

More accurate wording is contained in legislative documents. For example, the Civil Code of the Russian Federation identifies a trademark as a designation that serves for product differentiation of legal entities or individual entrepreneurs. In more detail, this is established in article 1477 of the Civil Code of the Russian Federation.

How does the exclusive right to a trademark operate?

An authorized trademark gives its owner a unique right to use the registered brand symbols throughout Russia. It is important to consider that exclusive rights to a trademark have limits of certain classes of services and goods that were approved during its registration.

Judicial protection of a trademark: prosecution

Manipulations with the illegal exploitation of another's rights to a trademark can lead to various types of prosecution like an administrative and criminal. Using another's brand attribute by a legal entity is punishable by a fine in the amount of 50,000 to 200,000 rubles with the subsequent seizure of counterfeit goods. In case of repeated violation of the rights by the same company or person, or in case of causing damage from 250,000 rubles, the defendant may be prosecuted.

Examination of trademark

If the right holder has suspicion of a violation of rights, it is necessary to respond immediately. It is important to record violations promptly in every possible way like buying counterfeit products from the violator, receiving all checks, making a video recording of this process, to conduct a notary inspection of the website with counterfeit products.

After that, you should send a claim to the violator. This requirement is compulsory and it is established in clause 5.1 of article 1252 of the Civil Code of the Russian Federation.

The next step is to apply to the commercial court with a statement of claim. You can demand a cessation of trademark rights violations, the seizure of counterfeit goods and compensation for losses. Meanwhile, according to clause 4 of article 15, the right holder has the right to demand compensation instead of restitution losses. According to the legislation, the amount of compensation for the unauthorized use of someone else's brand attributes ranges from ten thousand to five million rubles. The amount usually depends on the nature of the violation. An alternative option is the double value of the right to use a trademark (it is calculated according to the amount that was charged for legitimate use of the trademark).

The services of a lawyer on the trademarks The Tsentralny Okrug Law Firm

Working with us gives lots of opportunities

  • Consultations of specialists and free rapid assessment of the specifics of the business and the situation of the client;
  • Full accompaniment of the process of protection of the rights to the trademark from recording the violations to recover the money from the violator and obtaining compensation for the trademark
  • Advanced negotiations of the payment and it does not change in the process of providing the service;
  • Efficient and responsible case management (37 completed projects during the last year).

Due to our vast experience in the area of protection of the rights to trademark the specialists of the Tsentralny Okrug Law Firm solve the problem in a short period and protect the most important assets of your business.

Do you have a difficult question? let's discuss it when we meet!