Violation of Intellectual Property Rights Regarding Product Trademarks

Violation of Intellectual Property Rights Regarding Product Trademarks

Along with the development of society, the intellectual property rights of human creations are among the rights protected by law. Strict regulations within intellectual property laws aim to prevent violations by other organizations or individuals. However, as the number of intellectual property products increases, the number of legal violations regarding intellectual property rights has also risen. Violating intellectual property rights in general, and particularly infringing on trademarks, is a significant issue that greatly impacts the reputation of a company’s brand, as well as the business interests of the company and the trademark owner. Currently, trademark violations have become a common problem and pose a threat to every business during its operations and the development of its brand.

Through this article, Kim Húc discusses the legal provisions related to identifying actions that infringe on trademark rights and the measures to address these violations, helping organizations and businesses protect their legal rights and interests.

1. Definitions:

First, it is important to understand the concepts of "Intellectual Property Rights" and "Product Trademarks."

According to the provisions of the Intellectual Property Law 2005, amended and supplemented in 2022:

• Intellectual Property Rights include ownership rights to products resulting from intellectual and creative activities, such as literary and artistic works, scientific works, patents, industrial designs, semiconductor integrated circuit layouts, trademarks, trade names, trade secrets, geographical indications, and plant varieties.

• Product Trademarks (commonly referred to as "trademarks") are signs used by a business (or a collective of businesses) to distinguish its goods or services from those of other businesses in the same category.

2. Identifying Violations of Trademark Rights:

• If a sign is identical to a trademark and the goods or services are identical to those listed in the trademark’s registration certificate, or in the international registration certificate protected in Vietnam or the World Intellectual Property Organization’s Trademark Bulletin, there is no need to consider whether the use could cause confusion among consumers about the goods or services bearing the trademark.

• If a sign is identical to the trademark and used for similar or related goods/services, or if a sign is similar to the trademark for identical, similar, or related goods/services as specified in the trademark registration certificate, or in the international registration protected in Vietnam or the World Intellectual Property Organization’s Trademark Bulletin, it is necessary to assess whether the use could cause confusion among consumers about the goods or services bearing the trademark. The factors used to evaluate the likelihood of confusion include:

  (i) The scope of protection of the trademark, including the overall and individual components of the trademark, and the similarity of the sign with the trademark as a whole, especially the distinguishing elements of the trademark that strongly impact consumers;

  (ii) The relation of the goods or services in terms of function, use, and composition, as well as the commercial habits of buying, selling, distributing, selecting, and using goods or services, and the conditions, methods, and locations of sale, distribution, marketing, and advertising;

  (iii) The characteristics of the consumer base for the goods or services, and the level of attention consumers pay when choosing and purchasing the goods or services;

  (iv) Other criteria, such as the actual use and protection of similar trademarks for the same types of goods, and the influence of other factors that might lead to associations between the goods/services under review and the goods/services protected by the trademark;

  (v) Evidence of confusion among consumers may be used to support the assessment of the likelihood of confusion caused by the use of the sign, although it is not a mandatory condition for determining whether the use of the sign causes confusion.

3. Measures to Take When Trademark Rights are Violated:

• Direct recommendations to the business, organization, or individual violating the trademark.

• Administrative measures by submitting a request to the relevant authorities to impose administrative sanctions and compel the violator to cease the infringement.

• Civil measures: When a dispute arises, the trademark owner has the right to file a civil lawsuit requesting the competent People’s Court to issue a judgment to stop the violation and demand compensation for damages (if there is actual harm).

• Criminal measures: These apply to anyone who intentionally violates a trademark that is protected in Vietnam on a large scale or for commercial purposes.

• Measures to control imported goods related to intellectual property: Stopping customs clearance and requiring the inspection of goods before import.

Customers seeking consulting services or assistance with intellectual property procedures are welcome to contact us.