Answer ... The trademark owner may claim:
- immediate termination of the infringement and an order for the future cessation of the infringement;
- damages for the unauthorised use of its trademark and moral damages, provided that the infringement was committed with negligence or intent;
- recall and/or destruction of infringing products;
- disclosure of information about the infringing use, including the scope of the same; and
- publication of the court judgment.
Answer ... The remedies are the same as those set out in question 7.1.
Answer ... A trademark owner may file a civil claim against the infringer through ordinary court proceedings. It may also file for an injunction to the extent that urgency is established, including a request to secure evidence at the infringer’s premises and a request for a preliminary injunction for cessation of the infringing practices and seizure of the infringing goods.
The trademark owner is also entitled to pursue criminal proceedings. Under the penal procedure, the trademark owner is not considered a party to the case and hence has limited scope of action concerning discourse of the case.
Answer ... The defendant may indicatively object that:
- there is no confusing similarity between the marks or the earlier mark does not enjoy a reputation;
- there is no risk of repetition of the infringement in the future;
- the allegedly infringing designation or identifier is not used on a commercial scale;
- the designation or identifier is used in a descriptive way and not as a trademark;
- the trademark is used in a legitimate way to inform customers that products under this trademark are being sold;
- the right of the trademark owner to seek a cease and desist order has lapsed, or there is no urgent need for a court decision (in preliminary measures proceedings); or
- the defendant has a right of its own to use the mark.
Answer ... Decisions of a first-instance court may be appealed before the Court of Appeal. Decisions of the latter may be challenged through a cassation petition before the Supreme Court on points of law.