Vi phạm nhãn hiệu Phở Hùng – làm thế nào để bảo hộ nhãn hiệu (kỳ 1)

Trong thời gian gần đây, vụ tranh chấp nhãn hiệu Phở Hùng diễn ra tương đối phức tạp và thu hút nhiều sự chú ý của dư luận, đặc biệt là các tổ chức, cá nhân hoạt động sản xuất kinh doanh.

Chủ sở hữu hiện tại của nhãn hiệu là bà Trần Thị Tuyết Lan mặc dù đã đăng ký bảo hộ độc quyền đối với nhãn hiệu, sử dụng nhãn hiệu này trong một thời gian tương đối dài nhưng vẫn phải bỏ khá nhiều công sức, thời gian, tiền bạc để bảo vệ được nhãn hiệu của mình khỏi sự vi phạm của các tổ chức, cá nhân khác. Vậy làm thế nào để chủ sở hữu có thể bảo vệ tốt nhất quyền của mình đối với nhãn hiệu?

Nhãn hiệu là các dấu hiệu dùng để phân biệt hàng hóa, dịch vụ cùng loại của các tổ chức, cá nhân khác nhau. Trong hoạt động sản xuất, kinh doanh ở Việt Nam, nhãn hiệu thường được gọi là thương hiệu để ghi nhận hình ảnh, địa vị của tổ chức, cá nhân đối với một loại hàng hóa, dịch vụ nhất định so với các tổ chức, cá nhân khác kinh doanh các hàng hóa, dịch vụ cùng loại. Chính vì vậy, khi một nhãn hiệu được biết đến rộng rãi và đã khẳng định được một vị thế nào đó trong lòng khách hàng thì thường bị vi phạm bằng các hình thức biến đổi thành những nhãn hiệu tương tự như vậy để gây nhầm lẫn cho khách hàng nhằm bán được hàng hóa, tiêu thụ được dịch vụ của mình. Đây là một hành vi vi phạm quyền sở hữu công nghiệp đối với nhãn hiệu. Trên thực tế việc bảo hộ nhãn hiệu khỏi các hành vi vi phạm này thực sự không dễ dàng.

Nếu như pháp luật ở các nước khác ví dụ như ở Mỹ sẽ bảo hộ cho nhãn hiệu căn cứ vào thời gian bắt đầu sử dụng nó. Do vậy tổ chức, cá nhân nào sử dụng nhãn hiệu trước thì sẽ được bảo hộ quyền sở hữu đối với nhãn hiệu đó và nếu xảy ra tranh chấp thì tổ chức, cá nhân chứng minh được thời gian mình đã sử dụng nhãn hiệu đó. Tuy nhiên, theo pháp luật Việt Nam mặc dù không bắt buộc tổ chức, cá nhân phải đăng ký nhãn hiệu mà mình sử dụng nhưng pháp luật lại chỉ bảo hộ đối với những nhãn hiệu đã được đăng ký. Do vậy, cho dù đã sử dụng trước nhưng nếu không đăng ký nhãn hiệu thì tổ chức, cá nhân sẽ không được bảo hộ quyền của mình đối với nhãn hiệu đó. Vì vậy, để bảo hộ nhãn hiệu của mình theo pháp luật Việt Nam thì cách tốt nhất đó là thực hiện thủ tục đăng ký nhãn hiệu theo quy định của pháp luật.

            Tất nhiên, không phải những nhãn hiệu đã được đăng ký bảo hộ thì sẽ không bị vi phạm, vụ vi phạm nhãn hiệu Phở Hùng là một ví dụ.

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