Showing posts tagged with: falsificaciones
How to protect your trademark from counterfeits
Propiedad Industrial

The imitations of goods cause a drop in sales and loss of brand prestige. To prosecute counterfeiters, it is always necessary to have, in the first place, a duly registered prior right. In addition, it is advisable to establish a surveillance of this right before both the National IP Offices and Customs.


Once we have verified that we have a prior right and, having known that an infringement is being committed by a third party, the first step is to notify the infringer. To do this, an IP specialist must write a request and send it the infringer by the appropriate means.


Sometimes this requirement is sufficient to achieve our objective, but not always. Since sometimes, it can be complex to notify to the infringer as it is not possible to find its contact details. On the other hand, it may be that said infringer refuses to comply with our requirements.


In case of not being able to stop the infraction by sending the request, it would be necessary to enter legal actions. For this, a lawyer specialized in Industrial Property would draft the necessary documents to submit them before the corresponding Courts.


It may also be that possible that you have to act through customs to intercept counterfeit products before they are placed on the market and, thus, not harm the prestige and quality of the brand.


If it is demonstrated that the trademark is being used illegally by the infringer and, depending on the seriousness of the infringement, you may be entitled to receive financial compensation.


If you need more information or advice, please feel free to contact us.




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What are the risks to consumers of Counterfeit Products?
Propiedad Industrial

Every day thousands of counterfeit products are seized in Spain, sold through different channels, both online, markets and establishments.


It must be borne in mind that the production, distribution and sale of these products constitutes a crime against Industrial Property and may constitute a crime against Public Health.


Counterfeit products are of all kinds: clothing, watches, toys, mobile phones, food products, medicines, body care products, or power tools.


These products do not usually meet the minimum quality standards, in addition to not passing the necessary sanitary controls, so they can be very dangerous for our health. Among other damages, they can cause allergies, suffocations, deformations of the feet, poisonings and even resistance to official medications or even death.


To prevent the sale of these products, some digital platforms are already taking measures to block sellers of these products, for example, the creation of Counterfeiting Crime Units, or also provide consumers with the data of sellers of the different products, so that they can check the reliability of the seller.


Furthermore, being dangerous to our health, these products cause, in Spain alone, annual losses of 6,766 million Euros and a loss of 53,467 annual jobs.


For all these reasons, please make sure that you are making a secure purchase.


July 9, 2020

Lexlem Abogados

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