WHAT CAN WE LEARN FROM THE DISPUTES OVER ASANO TRADEMARK

7:51 am | |

Content of the case: On August 25, 2008, plaintiff, D Company, was granted a Trademark Registration Certificate  by the Intellectual Property Office (categories 07, 09 and 11 of the household appliances and electronics).

On March 7, 2014, defendant, A Electronic Company, was granted a Trademark Registration Certificate (Asanzo®). However, in fact, A Electronic Company used the trademark () on the website http://asanzo.com.vn and electronic products provided by them.

In 2008, D Company submitted the case to Court of Hochiminh city for compensation. From this case, what should we do if another party infringes your trademark?

Asking a bailiff office to record bailiff’s certified report

Bailiff’s certified report refers to any written report prepared by bailiffs recording events and behaviors. Under the law, it can be used as an evidence in court hearing and other legal relationships [[1]].

Asking to make an assessment of infringement of trademark

The competent organizations to make an assessment of infringement of trademark is Institute of Intellectual Property Science. In addition, you may also appeal to the NOIP to provide professional opinions for the resolution of disputes and violations of trademark.

Requesting the competent authorities for dealing with acts of infringement 

The competent authorities can be customs, Market Managing Authority or People’s Committee who have authority to make an administrative penalty.

Bases for determining amount of damages 

  • Total material damage calculated in an amount of money plus profit derived by the defendant as a result of the act of infringement of intellectual property rights, where the reduced profit amount of the plaintiff has not yet been included in such total material damage;
  • In case it is impossible to determine the level of material damage, it shall be set by the Court, depending on the extent of damage, but not exceeding five hundred million dong [[2]].
  • If it is proved that infringement causes spiritual damage, the plaintiff has the right to request a court to decide the compensation level from five million dong to fifty million dong, depending on the extent of loss.
  • It is noted that the reasonable costs to hire a lawyer can be imposed by the defendant.

Other remedies

Other civil remedies may be referred to in Article 202 of the Intellectual Property Law

  • Compulsory termination of the infringing acts.
  • Compulsory public apology and rectification.

Above are some comments of Unilaw on this case. If you have any additional questions, please contact us at unilaw.vn or legal@unilaw.vn.

 


[1] Clause 3, Article 36 of Decree No. 08/2020 / ND-CP of January 8, 2020

[2] Article 205 Intellectual Property Law

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