What to do when someone is using our mark without any right?

As I was saying in the previous article, the theft of trade marks is in full swing and represents an actual business.We may say that, in case we do not register the trade mark, anyone can take advantage and register it in bad faith on his/her own name.

In order to avoid such kind of thing, we shall register our mark to OSIM (Romanian State Office for Inventions and Trademarks).Yet, which are the options we have when someone is using our mark already registered, without having our approval?
The task of defending the rights on the mark falls upon its owner. The market documentation research in order to identify whether someone uses his/her mark in bad faith falls upon the owner as well.

In the cases in which your mark is prejudiced, the most advisable thing to do is to call a lawyer specialized in intellectual property so as to advise you exactly on the matter and to make out the strategy on the way in which you can make so that your rights are respected.

When your trade mark right was infringed, you can draw up together with the lawyer or the advisor in intellectual property a suspension letter in order to send it to the author of the infringement, informing him/her with regard to existence of a possible future conflict.

In case you do not receive any answer to this letter, with the lawyer’s help, you can obtain a perquisition and confiscation order from the competent court or from the police in order to catch the offender in the act.

The legal authority can oblige the offender to put at disposal all the necessary information regarding this infringement. Also, upon your request, the legal authority can eliminate the goods from the commercial chain without being necessary for you to compensate with something.

Another option for resolving this problem is represented by mediation or arbitration.

In order to use a person’s trade mark in bad faith, you must have his/her written approval, to receive a franchise license, to buy or rent the trade mark from the respective owner.

:: The source: JURIDICE.ro

Alexandru VLASTON

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