Using a registered trademark for commercial purposes without the owner’s permission constitutes trademark infringement.
Such infringement may occur through exact imitation (counterfeiting) or by using similar signs that create a likelihood of confusion among consumers as to the origin of the goods or services.
Civil Lawsuits
The trademark owner may file civil lawsuits seeking the cessation and removal of the infringement, as well as material and moral compensation. The right to claim reputation compensation due to damage to the brand’s goodwill is also reserved.
By obtaining a precautionary injunction from the court, it is possible to seize the infringing products, suspend sales and distribution, and prevent further damage even before the final judgment is rendered.
Criminal Process
Law No. 6769 defines trademark infringement as a criminal offense.
Individuals who produce, sell, import, or export goods by imitating another party’s trademark may be subject to a public prosecution, facing imprisonment from 1 to 3 years and a judicial fine. This offense is subject to complaint, making timely legal action crucial for effective enforcement of trademark rights.
