In the case of infringement of a trademark or the rights conferred by a trademark application, where the trademark is granted, the plaintiff may claim in a legal action:
a) establishment of the infringement of rights;
b) prohibition of the continuation of infringement as committed, and of future similar infringements by means of cessation or omission of acts which are infringing such right;
c) termination of situation caused by infringement;
d) recall of infringing objects from the channels of commerce, respecting the interests of third parties acting in good faith;
e) complete removal of infringing objects from channels of commerce;
f) destruction of infringing objects;
g) destruction of means which are exclusively or predominantly intended or used for infringing acts, and which are owned by the infringer;
h) surrender of infringing objects to the right holder, along with reimbursement of production costs;
i) compensation for property damage and reimbursement of reasonable expenses of the proceedings;
j) publication of court’s judgment at the expense of the defendant.
When deciding on stated claims the court shall take into account all the circumstances of the case, in particular, proportionality between severity of infringement and the claim, as well as best interest of authorized person for ensuring effective protection of rights.
A legal action for the infringement of a trademark, or the rights conferred by the application, may be brought by the holder of the trademark, the applicant, the holder of the exclusive license, the user of a collective trademark with the consent of the holder of the collective trademark and the user of a guarantee trademark with the consent of the holder of the guarantee trademark.
The procedure concerning the legal action shall be expeditious.
In a recent court proceedings, we represented the plaintiff against a legal entity that violated our client's trademark rights. After the legal procedure, the court accepted our lawsuits and forbade the defendant to use the trademark in verbal and figurative form. The decision on compensation for damages was made by the court on the basis of the findings and opinion of a court financial expert who determined the financial results of the defendant during the period of using the disputed trademark as the name of his company.