Vi phạm nhãn hiệu Phở Hùng

Từ vụ vi phạm nhãn hiệu Phở Hùng tại TP. Hồ Chí Minh có thể nhận thấy, các tổ chức, cá nhân khi bắt đầu sản xuất, kinh doanh một hàng hóa, dịch vụ thường mong muốn sử dụng một nhãn hiệu gần giống với những nhãn hiệu đã trở nên quen thuộc với người tiêu dùng của cùng loại hàng hóa, dịch vụ đó để thu hút khách hàng.

Tuy nhiên, vấn đề đặt ra là việc sử dụng các nhãn hiệu tương tự đó rất dễ rơi vào trường hợp vi phạm quyền sở hữu trí tuệ về bảo hộ nhãn hiệu đối với nhãn hiệu đã được đăng ký. Do vậy, khi muốn sử dụng nhãn hiệu gần giống với những nhãn hiệu đã được đăng ký, các tổ chức, cá nhân nên tra cứu trước các nhãn hiệu đã được đăng ký, tìm hiểu các trường hợp không được phép khi đặt tên nhãn hiệu không có khả năng phân biệt, có thể gây nhầm lẫn với các nhãn hiệu đã được đăng ký. Vì những nhãn hiệu này sẽ không được đăng ký bảo hộ và sẽ bị xử lý nếu cố tình sử dụng mà không được sự đồng ý của chủ sở hữu.

Vì vậy, một giải pháp tốt khi muốn sử dụng nhãn hiệu gần giống với nhãn hiệu đã được bảo hộ đó là tổ chức, cá nhân có thể thực hiện việc mua quyền sử dụng nhãn hiệu đó từ chủ sở hữu. Theo đó, tổ chức, cá nhân có nhu cầu nên tra cứu trước xem chủ sở hữu nhãn hiệu là ai, công ty nào. Hợp đồng chuyển quyền sử dụng nhãn hiệu phải do đại diện theo pháp luật của công ty đó ký. Khi ký kết hợp đồng cần lưu ý cách thức thanh toán tiền nên bằng cách chuyển tiền cho tài khoản của công ty đó chứ không phải tài sản của người đại diện theo pháp luật để đảm bảo sự chắc chắn về mặt pháp lý. Việc thực hiện giải pháp này sẽ tránh được nguy cơ vi phạm quyền sở hữu trí tuệ đối với các nhãn hiệu đã được bảo hộ và các tổ chức, cá nhân có thể sử dụng nhãn hiệu đã được bảo hộ đó cho hàng hóa, dịch vụ của mình.

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