Who can bring an action for trademark infringement?

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Who can bring an action for trademark infringement?

A trademark infringement action may be brought by the owner of (or applicant for) the infringed trademark. A licensee may bring an infringement action only if the trademark owner consents thereto unless the license agreement provides otherwise. Exclusive licensees are entitled to proceed independently if the trademark owner does not take action within a reasonable period of time after receipt of such request.

Licensees may join an action brought by the trademark owner in order to claim their own damages. This intervention is not subject to the consent of the trademark owner.

A nullity action against a trademark may be brought not only by the owner of a confusingly similar prior trademark but by practically any person.

In criminal proceedings the trademark owner, licensees and other interested parties have standing to bring a complaint.

2014-01-11T10:07:36+04:00 January 11th, 2014|
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