TRADE MARK DISPUTE CASE OF N.P VS A.Z
What to do when your trademark is used by another unit and illegally profited. Aplus Law’s Attorney has advised clients to successfully protect the right to use the trademark exclusively and receive compensation for damages caused by the violator who used the trademark illegally.
N.P. Company has registered the brand of AZN for its product line. A.Z also registered the trademark of AZAN for the same product line as the company. Both trademarks of the two companies have been granted protection diplomas by the Department of Information and Communication.
Disputes arise when AZ uses the AZAN mark with several motifs that coincide with the AZN mark.
N.P. firm met with Aplus Law’s Attorney offering to handle A.Z company’s trademark infringement
The N.P. company has come to ask Attorney to address the following issues:
– A.Z. Company has infringed on N.P.
– Steps to proceed in court
The identification of infringement of industrial property rights in the field of expertise should be subject to appraisal. Receiving the request of N.P., the Attorney also has no basis to assert that the company A.Z has infringed on the infringement of the rights of the company to the trademark has been protected.
Therefore, Attorney consulted and authorized representatives of N.P. Company to work with the Institute of Intellectual Property Science (hereinafter referred to as VSHTT) to conduct an assessment under the authority recognized by the Law in Article 201 of Law SHTT and Decree 119/2010/ND-CP.
After the evaluation results of VSHTT determine that A.Z company has signs of infringement on SHTT when using the AZAN mark with unprotected symbols confusing the AZN mark has been protected by the Department of SHTT for N.P. Attorney advise D.P. to take the following steps to sue in court.
Firstly, it is necessary to collect all violations of A.Z company in 64 provinces to serve as a basis for the court to determine violations and damages
Second, conduct an audit to identify lost revenue for areas of reduced sales that are associated with the company A.Z. Competitive.
The case was subsequently accepted by the court and accepted the N.P. company’s petition to petition, which required A.Z. to terminate the violations, recover the goods that had been in circulation with violations, and compensate the N.P. Company for damages.