7. The Protection of a Right to a Trademark

Article 1515. Liability for the Illegal Use of a Trademark

1. The goods, labels, packages of goods on which a trademark or a designation similar thereto to the extent of confusion has been placed are counterfeit.

2. The right holder is entitled to claim withdrawal from transactions and destruction at the expense of the infringer the counterfeit goods, labels, packages of goods on which the illegally used trademark or a designation similar thereto to the extent of confusion has been placed. If the placing of these goods in transactions is required for public interests the right holder is entitled to demand removal on the infringer's account of the illegally used trademark or a designation similar thereto to the extent of confusion that has been placed on the counterfeit goods, labels and packages of goods.

3. A person that has infringed an exclusive right to a trademark while carrying out works or providing services shall remove the trademark or a designation similar thereto to the extent of confusion from the materials involved in the performance of such works or the provision of such services, including from documents, advertisements and billboards.

4. The right holder is entitled to demand at his/it discretion that the infringer pay a compensation in place of reimbursement of damages:
1) in an amount of 10,000 to 5,000,000 rubles as defined at the court's discretion on the basis of the nature of the infringement;
2) in the amount equal to the double value of the goods on which the trademark has been illegally placed or to the double value of the right of using the trademark assessed on the basis of the price normally charged in comparable circumstances for the legal use of the trademark.

5. A person carrying out a preliminary marking in respect of a trademark not registered in the Russian Federation is liable in the procedure established by the legislation of the Russian Federation.

 

Our adress: IPPro ltd. 17 Lobachika str.,

Office 610, P.O. box 27, Moscow, Russia, 107113

Phone/Fax: +7(495) 232-39-68 +7(495) 234-08-44

Official site IPPRO.ru

E-mail: ip@ipprolaw.com, Skype ipprolaw