Suing for Illegal Use of a Trademark: The Importance of Having a Lawyer in Court

In today's world, a trademark plays a key role in determining the identity of goods and services, as well as in establishing the image of companies. Its misuse or illegal use can cause serious financial losses for the right holder and damage its business reputation. In case of illegal use of a trademark, the right holder has the right to file a lawsuit and demand the protection of his interests. However, a successful lawsuit requires qualified legal support, and this is where a lawyer plays an important role.

Filing a lawsuit for illegal use of a trademark

In most countries of the world, including Ukraine, the trademark owner has the legal right to protect its use from illegal or counterfeit copies. To do this, you can file a trademark infringement lawsuit. Before starting the legal process, it is important to study all the circumstances of the case, collect evidence of the violation and develop a defense strategy.

Filing a lawsuit for illegal use of a trademark is an important step in protecting your rights and interests as a copyright owner. If you become aware of illegal use of your trademark, you can file a lawsuit.

Illegal use of a trademark can be understood

• Counterfeiting: Production and distribution of products with illegally copied trademarks.
• Plagiarism: Using a trademark without permission to refer to one's own products or services.
• Illegal use of licenses: Use of the trademark outside the scope provided for in the license agreement or in violation of the terms of such agreement.
• Registration of a TM similar to yours: applying for registration or obtaining a certificate for a TM that is very similar to yours.

To file a lawsuit in court, it is recommended to take the following steps:

• Gathering and evaluating evidence: It is important to gather all the necessary evidence that indicates the illegal use of your trademark. It can be photos, video footage, witness statements, documents, an estimate of the cost of damages or the item itself, etc.
• Prepare and file a lawsuit: Prepare a statement of claim that clearly defines your claims and arguments. The lawsuit must contain all the necessary details regarding the violation and its consequences, including regarding the income received by the offender. It is important to adhere to all procedural requirements and deadlines.
• Litigation: Once a lawsuit is filed, a trial will begin. You will represent your interests in court. It is important to ensure the presence of a lawyer at all meetings and follow his advice on defense strategy.
• Court decision: If the court takes your side, not only can the ban on the illegal use of the trademark be implemented, but also compensatory damages, including lost profits, as well as legal costs (including attorneys' fees) .
• Execution of the decision: In the case of obtaining a court decision, the Defendant can voluntarily reimburse the amount, and in case of failure to take such actions, an executor can be involved.

Suing for Illegal Use of a Trademark: The Importance of Having a Lawyer in Court

A trademark attorney plays an important role in the entire litigation process. His professional experience and knowledge of legal norms allow him to effectively protect the rights holder's interests. Here are some key aspects of a lawyer's role:

• Consultation and preparation: A lawyer helps the rights holder understand all legal aspects of the case, assess strengths and weaknesses and develop a defense strategy.
• Gathering evidence: The lawyer coordinates the process of gathering evidence, including testimony, expert opinions, research materials, etc.
• Filing a lawsuit: A lawyer helps to draft and submit a lawsuit to the court, correctly formulating all the necessary documents and arguments.
• Representation in court: The lawyer represents the interests of the client at the court hearing, arguing the position of the right holder and answering the court's questions.
• Negotiations and agreement: A lawyer can help settle the case out of court, which saves time and money.

Suing for trademark infringement is a serious step that can take time and resources. Cooperation with an experienced lawyer will help ensure effective and successful protection of your rights and interests. The lawyers of Prykhodko and partners have successful experience in protecting intellectual property both out of court and in court and will be able to protect your TM as quickly and efficiently as possible.