Actions for trademark infringement must be prepared in this wayActions for trademark infringement must be prepared in this waySince it is a law firm that combines its experience and know-how in the intellectual property field with cases to produce exceptional results, we have received a lot of calls from those who need to prepare for “trademark infringement lawsuits.”Even though it is a registered right, someone wants to be held responsible for using it without permission, or someone who has been certified for using it illegally without knowing it, or who is in the position of the defendant, etc.I think the person who is looking at the text should also deal with this matter.In this field, let us inform you that it is important to receive a systematic and comprehensive solution from a lawyer with both relevant experience and knowledge, and find out how to prepare for it1. a period of time during which a right can be enjoyedThe current trademark law stipulates that the duration is 10 years, but if the right holder wishes, he or she will be given another 10 years of opportunity to exercise his or her rights using the renewal registration application system.In particular, in the case of applications for renewal registration, there are no restrictions, so they can enjoy virtually unlimited rights and firmly maintain the reliability that the company has maintained for a long time.However, in order to properly protect this, the efforts of the parties were required, such as promoting and displaying the brand they owned externally.2. procedures for settling disputesUsually, intellectual property disputes often sent proof of contents or open letters through themselves or legal representatives when the right holder or equivalent person noticed that they were using them without permission. He said the reason was to make it clear that the other party’s actions before the full-scale trademark infringement lawsuit violated the right.Proof of contents or open letter contains information that illegal activities should be stopped immediately and measures such as payment of user fees or compensation for damages should be implemented. Although proof of content is sometimes considered a legal document, it has no direct legal effect in itself, but it has a psychological coercive effect because it gives seriousness to the other person.So he said it would be a way to end the case quickly, save money and time, and solve it rationally. It was used as a proof of intention that if the other party did not comply with the implementation requirements, it was continued even though it was known to be illegal use.3. Criminal punishment is also possibleThe act of arbitrarily using other people’s rights is defined as a crime under the current law, and the victim could sue the police for damages and punishment. The level of criminal punishment for the perpetrator is set at up to 7 years in prison or a fine of up to 100 million won.Unlike other intellectual property rights, this right is designated as a non-appeal charge on the grounds that it could harm not only the private interests of protecting credit and property but also the interests of consumers, and it cannot be punished unless it is sued.However, it is important to know that the crime cannot be committed without intention, but the intention mentioned here was whether there was an awareness of unauthorized use, such as knowing that it was a registered right, estimating the possibility of registration, or continuing to commit it.4. establishment requirementVictims can hold the perpetrator accountable for civil, criminal, and administrative responsibilities, and among them, the civil sector filed a lawsuit against the infringement of trademark rights and a claim for damages.In the case of criminal charges, civil measures were carried out to prevent additional damage and compensate for damage if they were to be pressed with a strong level of punishment and to secure evidence through seizure and search by investigative agencies.However, it is necessary to understand some of the requirements for establishment and take the measures described above, but to summarize them into three main categories, this is what it looks like.① It should be a real right. (ii) It belongs to the same or similar area. (iii) It is very difficult to prove that trademark functions should be performed without any basis. Therefore, it was necessary to take active efforts to protect them.5. Cases of Winning a Trademark Infringement LitigationIn the related case, there are many companies and large companies, but the fact that the company has been damaged by the company products that have been damaged by the large companies.A company sold food products that feed food products to children.One day, A company confirmed that the company has been sold for large companies, and similar products are sold.The representative products were sold offline and sold out offline, but it was prohibited to advertise the products that were ” babies” and changed to the goods that were made to the food product.The same trademarks are used to be a large company, but it was rather than the same trade, so that the results of the results of the results of the results of the results.In addition, A company said that A has been filed against the opponent, and the contract of five billion won losses from the court to five billion won.These procedures took a very long time and were difficult, and prevention was most important because even if they won the case, small and medium-sized companies would have difficulty in doing business during that period. If you were inevitably involved, you had to actively solve it to reduce the spread of damage, and as appropriate measures were needed from the beginning, legal help with wide experience and understanding was needed.Our company is mainly engaged in intellectual property disputes, including trademark infringement lawsuits, and as we solved large-scale cases at large law firms, we are producing unusual results even in difficult cases, so please feel free to contact us if you need specific legal opinions.Previous image Next imagePrevious image Next imagePrevious image Next image
