Types of services
We offer the following types of services to the owners of trademarks and service marks:
1. One-off or regular monitoring, detection of violations of the rights and legitimate interests of right holders. To detect violations on the Internet, we use an automated and manual search of various sites using the main search engines (Yandex, Google, Rambler), specialized web sites (aggregators), and most popular in Russia social networks.
2. Fixing contraventions, ensuring the evidential weight of information collected. The quality of this important step predetermines the effectiveness of achieving the ultimate goals in negotiations or court procedures. To provide conclusive evidential value we use legal methods, including those unreasonably left in the shadow of current wide-spread practice - with the involvement of notary, private investigators, experts and witnesses.
3. Analysis of the collected information, development and implementation of recommendations for the protection of violated rights. Possessing the required advanced skills and a wealth of practical experience in solving problems at different levels, as well as having information about the state of current practices in the fight against infringement of trademark owners’ rights, allows us to offer the most effective ways to get the desired results.
4. Pre-trial procedures of redress (negotiation, mediation, claims). Current Russian legislation does not require any pre-trial settlement of disputes related to the illegal use of the trademark. However, the neglect of this phase of settlement may result in missed opportunities for a possible compromise, increasing the waste of time and cost of the future court proceedings.
5. Protection and restoration of violated rights in arbitration court. Some time ago, following the consideration of a number of high-profile cases the Supreme Arbitration Court of Russia has significantly reduced the role of government and administrative charges against violators of trade mark rights. However, the law provides severe civil and legal means of action for the use by the rights owners and licensees. They are the prosecution under the Civil Code, the recovery of compensatory and punitive damages, and suppression of infringements in the future. Overall, judicial practice developing in this area is generally positive for the rights’ owners. Proper application of legal means can guarantee holders important protection of their trademark rights.
6. Participation in administrative procedures, working with government agencies (Ministry of Internal Affairs, Customs, Anti-Monopoly Service, other authorities). State authorities have broad powers to deal with violations of the law in the area of intellectual property, including trademarks. Unfortunately, in modern Russian realities it is hard to have great expectations for their effectiveness. However, with strategically reasonable application of legal and administrative tools, this line of work may acquire additional importance in the protection of trademark rights.