Consultancy and Resolution of Intellectual Property Disputes – Trademark Infringement

1. Documents required to carry out trademark infringement handling procedures

To proceed with infringement handling, businesses need to establish the basis of the infringement by providing VN Law Firm with the following documents:

• Power of attorney (according to the form provided by LawFirm.Vn);
• Notarized copy of the trademark registration certificate or documents proving ownership or lawful use of the trademark;
• Business registration certificate of the enterprise or notarized ID card for individual trademark owners;
• Sample product bearing the enterprise’s trademark;
• Sample product of the infringing party or documents proving the infringing party’s trademark infringement;
• Information of the infringing party: Company name, address, contact information (if any).
• Conduct trademark appraisal to have evidence proving the infringing party’s infringement compared to the protected trademark;

2. Steps to carry out trademark infringement handling procedures

Step 1: Trademark Appraisal

After receiving authorization from the enterprise or individual, LawFirm.Vn proceeds to carry out the Trademark Appraisal procedure at the Institute of Intellectual Property Science.

• Search and accurately identify the subject of appraisal;
• Search and accurately determine the content of the appraisal request;
• The normal trademark appraisal time is 22 working days, or the fastest appraisal is 03 working days.

Step 2: Advisory Warning of Infringement to the Infringing Party

After obtaining the Trademark Appraisal results, LawFirm.Vn proceeds to issue a warning through its capacity as an intellectual property representative, requesting the infringing party to cease the trademark infringement:

• Search and accurately identify the information of the infringing entity;
• Advise and draft documents requesting the infringing entity to cease the trademark infringement.
• Represent the enterprise in contacting and working with the infringing party to demand cessation of the infringement.

Step 3: Request competent authorities to handle the infringing party’s conduct through administrative measures

Representing the implementation of administrative infringement handling procedures: contacting and submitting an application requesting infringement handling to competent state agencies: Market Management Agency, Food Safety Management Agency, Economic Police, Science and Technology Inspectorate; Ministry of Information and Communications, etc.

3. VN Law Firm’s consulting services for handling intellectual property infringement / trademark infringement

• Procedures for handling infringement acts against trademark rights.
• Requesting the infringer to cease the infringing act;
• Trademark appraisal;
• Requesting competent State agencies to appraise and conclude on infringing acts against the rights of intellectual property objects;
• Requesting competent State agencies to handle infringements;
• Participating in legal proceedings as a lawyer protecting the rights and interests of clients related to intellectual property at the competent Court.