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.