Patent Trademark Law
Having a trademark sometimes means you have to enforce your rights and failing to protect your mark may create a risk of losing your rights. If someone starts to use your mark or a confusingly similar mark, we can help put a stop to it. We are well prepared to represent your interests in disputes over trademark rights.
When you file to register a trademark, the Institute search for other identical or similar trademarks already registered. If your trademark infringes on a registered mark, the owner can demand that yours be cancelled (the opposition deadline is 3 months after your mark has been published), or, later, begin legal proceedings.
Identical and similar trademarks can principally only be infringing when they are registered for the same or similar goods and/or services.
Within five years after registration you must begin using the trademark for the goods or services you claimed, i.e., offer products on the market with this trademark. Otherwise, in case of litigation, the other party could say that you do not use your trademark, and you could lose protection.
Trademark Infringement
A proprietor of a trademark whose rights have been infringed may in particular appeal for the following at the Court
a.) for the cessation of the acts of infringement,
b.) appeal for remedies of infringement and request compensation for damages incurred,
c.) request the confiscation of the products and the equipment and machinery used to produce these products, those having infringed the trademark right, the production and the use which is a felony
d.) appeal for the proprietorship over the products confiscated in accordance with subparagraph (c); in this case the value of the products shall be deducted from the compensation awarded. If the value of the products turn out to be above the compensation value awarded, the proprietor of the trademark shall repay the balance to the infringing party.
e.) appeal for enforcement measures for the prevention of continued infringement of rights, request the erasing of the trademark from the products and vehicles or if it is essential for the preclusion of the acts of infringement request the destruction of the products and vehicles confiscated particularly in accordance with subparagraph (c). f.) request the disclosure to the public and to those related of the courts judgement by means of publication, costs of which to be met by the offending party.
Compensation
The person who, without the consent of the proprietor of the trademark, procedures, sells, distributes or puts to commercial use or imports for these purposes or keeps in possession for these purposes the product produced by plagiarising the trademark shall be liable to remedy the illegality and to compensate the damages he has caused.
The person using in any form the plagiarised trademark, having been informed of the infringement by the proprietor of the trademark and having been requested to stop the infringement or where the exists any other misuse, shall be liable to compensate the damages he has caused.
Reputation of the Trademark
The proprietor of a trademark may request extra damages for the harm incurred from the improper use of trademark by the infringing party which were detrimental to the reputation of the trademark.
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