Trademark infringement is a matter of concern to a significant share of trademark owners in Russia. The more popular goods are produced under a particular brand, the sooner someone infringing the rights or even counterfeiting these goods appear. Effective Russian legislation provides different possibilities of trademark infringement prosecution including actions directly in front of the court or through law enforcement authorities. In our team, we have gathered experienced trademark attorneys and attorneys-at-law combining two fields of expertise and therefore providing our clients with the most comprehensive and efficient (both in essence and in costs) solutions for trademark infringement cases.
Depending on the scale and nature of the trademark infringement the particular situation may be approached through the means of civil, administrative or criminal law. While the Russian Code of Administrative offense prescribes a fine as a penalty for trademark infringement, in case of criminal offense the infringer of one’s trademark rights may be sentenced to up to 6 years of imprisonment.
As an addition to an administrative or criminal case, civil liability for trademark infringement may be applied, though it is also available as a separate action that starts from sending a warning letter to an infringer with claims to stop the detected infringing actions and pay damages or compensation. Furthermore, civil legislation provides the possibility to choose the basis for calculation of the compensation depending on the circumstances of particular trademark infringement.
We provide support of such cases at all stages starting from gathering the evidence of trademark infringement that is accepted by courts and law enforcement agencies and up to recovering compensation and destruction of counterfeit and infringing goods. We are focused not on just formal litigation but also on creating an environment in which infringement of our Client’s trademark rights is no longer profitable to third parties and therefore is absent.