Nhãn hiệu độc quyền bị xâm phạm. Đăng ký nhãn hiệu với cơ quan Nhà nước có thẩm quyền không phải là thủ tục bắt buộc theo quy định của pháp luật. Mỗi doanh nghiệp, tổ chức, cá nhân khi “nghĩ” ra một cái tên nhãn hiệu đại diện cho sản phẩm hàng hóa, dịch vụ của mình thì đều phép được sử dụng. Tuy nhiên, việc đăng ký không bắt buộc đó lại chính là cơ sở để pháp luật can thiệp và xử lý những hành vi sử dung trái phép tên nhãn hiệu đã được đăng ký và cấp văn bằng bảo hộ.
Ở Việt Nam, các cơ quan chức năng đã xử ký và đòi lại quyền lợi hợp pháp trong lĩnh vực sở hữu trí tuệ cho nhiều đơn vị, cá nhân bị vi phạm nhãn hiệu. Cụ thể như trường hợp của công ty cổ phần giám định Đại Việt (viết tắt là DAVICONTROL CO.,) được thành lập năm 1996 do sở Khoa học- đầu tư TP. HCM cấp giấy phép, được Cục sở hữu trí tuệ cấp văn bằng bảo hộ nhãn hiệu ngày 27/05/1009 “DAVICONTROL + hình” cho dịch vụ giám định hàng hóa. Sự việc tranh chấp diễn ra vào đầu năm 2002, khi một công ty khác được thành lập năm 2011 là công ty cổ phần Davicontrol đăng ký kinh doanh ngành nghề dịch vụ giám định hàng hóa có tên thương mại đồng thời là tên doanh nghiệp trùng, tương tự gây nhầm lẫn với công ty cổ phần giám định Đại Việt.
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Rõ ràng, công ty cổ phần giám định Đại Việt ra đời trước và đã được Bộ KH & CN cấp văn bằng bảo hộ nhãn hiệu “DAVICONTROL + hình” trước. Hành vi sử dụng tên doanh nghiệp có dấu hiệu “DAVICONTROL” sử dụng như nhãn hiệu, được trình bày trên các bảng biển, thông báo của công ty cổ phần Davicontrol là vi phạm pháp luậy về sở hữu trí tuệ. Công ty cổ phần giám định Đại Việt đã kiện công ty cổ phần Davicontrol về hành vi xâm phạm trên. Ngày 28.08.2012, viện KH sở hữu trí tuệ đã có kết luận, yếu tố “DAVICONTROL” xâm phạm quyền đối với nhãn hiệu “DVC, DAVICONTROL + hình” đã được bảo hộ. Do đó, đề nghị Tòa án nhân dân Thành phố Hồ Chí Minh buộc công ty cổ phần Davicontrol phải chấm dứt việc xâm phạm, xin lỗi, cải chính công khai trên các phương tiện thông tin đại chúng, đồng thời phải bồi thường 50 triệu đồng cho Công ty cổ phần giám định Đại Việt vì làm ảnh hưởng đến thương hiệu, uy tín công ty.
Do đó, đăng ký bảo hộ thương hiệu độc quyền với cơ quan Nhà nước có thẩm quyền cũng quan trọng đấy chứ, vừa được bảo hộ và không bị thiệt thân.
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