Trademarks are not only a tool to create a competitive advantage in the market but also play an important role in affirming the reputation of businesses to consumers. When detecting an act of infringing a protected trademark, the owner needs to conduct an assessment so that the law can appropriately sanction and compensate for damages.
Trademarks are not only a tool to create a competitive advantage in the market but also play an important role in affirming the reputation of businesses to consumers. When detecting an act of infringing a protected trademark, the owner needs to conduct an assessment so that the law can appropriately sanction and compensate for damages. The following article will answer customers' questions about trademark infringement assessment services.
Trademark infringement assessment is the process of using professional knowledge and expertise to evaluate and conclude issues related to intellectual property rights. This expertise shall be carried out in accordance with the law on judicial expertise.
- The Law on Intellectual Property in 2005, amended and supplemented in 2009, 2019, 2022.
- Decree No. 65/2023/ND-CP detailing industrial property, protection of industrial property rights, and management of plant varieties.
The trademark infringement assessment aims to determine:
- Whether the subject matter is considered to meet the conditions to be considered as a trademark infringing element or not.
- Overlap, equivalence or similarity causing confusion between the subject under consideration and the protected object.
- The value of damage caused by the act of infringement, including material and mental damage.
According to Article 116 of Decree No. 65/2023/ND-CP, the following organizations and individuals have the right to request trademark ownership assessment:
1. Trademark ownership right holders.
2. Organizations and individuals requested to handle acts of infringement or complaints or denunciations about trademarks.
3. Organizations and individuals with rights and interests related to disputes, infringements, complaints and denunciations about trademark ownership.
4. Organizations and individuals may request industrial property assessment organizations or industrial property assessors to conduct the assessment by themselves or authorize other organizations and individuals to conduct the assessment.
1. To comply with law and follow the order and procedures for assessment.
2. Honesty, accuracy, objectivity, impartiality and timeliness.
3. To make professional conclusions only on matters within the scope of the requirements.
4. To take responsibility before law for assessment conclusions.
5. Assessment expenses shall be determined according to the agreement between the person requesting expertise and the assessment organization or individual.
1. A document expressing the expertise request (Decision on solicitation of expertise/ Declaration of expertise request).
2. Documents showing the grounds for arising/establishing industrial property rights (protection titles/trademark registration certificates).
3. Documents and specimens showing the subject of assessment (descriptive documents, photographs, drawings, transaction contracts, advertising materials, articles, products, goods, packaging, etc.).
4. Industrial property assessment service contracts.
5. Vouchers for payment of assessment fees.
6. Power of attorney (if the assessment application is submitted through a representative).
In addition, the application may include other documents if necessary for the assessment.
According to Article 119 of Decree No. 65/2023/ND-CP, the person requesting expertise can send a request to:
- Institute of Intellectual Property Sciences (Address: No. 21 – Lane 67 – Do Quang Street – Cau Giay District – Hanoi).
Usually it is 1 month, corresponding to the fee stated in the Assessment Service Schedule.
1. Selection of assessment forms and units.
2. Prepare and submit dossiers to the assessment organization.
3. To receive dossiers and examine and classify trademarks and documents.
4. Acceptance of assessment dossiers: Examination of dossier forms, domains, subjects and purposes of expertise; assess the validity and suitability of assessment requests; conclusions on acceptance or refusal of expertise; notice of conclusion and conclusion of assessment contract.
5. Carrying out the assessment contents: Searching for information, measuring, testing, consulting; examining the grounds for the origination/establishment of trademarks; look up original information about related trademarks; inspection of the validity and determination of the scope of protection; locating the subjects to be considered; establish a formula for determining the subjects to be considered; compare and evaluate the subjects to be considered according to the assessment contents; summarize the results.
6. Handling of inspection results and finishing: Development of inspection products; settlement of assessment fees; handing over products, liquidating contracts; processing assessment dossiers, specimens, setting up archival data.
Customers who need more support in trademark infringement assessment services, please contact us for detailed advice.
If you have any questions about patent registration, please contact A Dong IP for the most detailed and complete advice. Using the services of industrial property representative organizations such as A Dong IP can help businesses protect intellectual property rights more effectively and professionally.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
