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Nhập nhằng tranh chấp tên thương mại và tên nhãn hiệu

Posted on by Naci Law
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        Nhập nhằng tranh chấp tên thương mại và tên nhãn hiệu. Khi xây dựng thương hiệu cho sản phẩm hoặc dịch vụ mà mình đang kinh doanh, các doanh nghiệp thường hay sử dụng tên thương mại làm tên nhãn hiệu hàng hóa để khi nhìn thấy nó, người tiêu dùng dễ dàng nhận ra sản phẩm là của doanh nghiệp. Cũng chính thế, một số vi phạm sở hữu công nghiệp trong thời gian gần đây lại cùng xâm phạm đến hai đối tượng trong lĩnh vực sở hữu trí tuệ đó là vi phạm nhãn hiệu và vi phạm tên thương mại.

       Theo pháp luật sở hữu trí tuệ, tên thương mại được hiểu là: “Tên gọi của tổ chức,cá nhân dùng trong hoạt động kinh doanh để phân biệt chủ thể kinh doanh mang tên gọi đó với chủ thể kinh doanh khác trong cùng lĩnh vực và khu vực kinh doanh” và nhãn hiệu được hiểu là: “Dấu hiệu dùng để phân biệt hàng hoá,dịch vụ của các tổ chức,cá nhân khác nhau”. Hai khái niệm pháp lý này hoàn toàn khác nhau nhưng lại chung một mục đích là tạo ra sự khác biệt trong kinh doanh và cần được bảo hộ theo quy định của pháp luật.

      Vụ việc vi phạm cả về nhãn hiệu cả về tên thương mại là trường hợp Công ty cổ phần nhựa Bình Minh và Công ty TNHH Thương mại Dịch vụ và Sản xuất nhựa Ống Bình Minh cùng sử dụng tên thương mại và nhãn hiệu “Bình Minh” cho sản phẩm là “nhựa”. Được biết, công ty cổ phần nhựa Bình Minh được thành lập trước và đã được cấp văn bằng bảo hộ nhãn hiệu “Bình Minh”, điều đáng nói hơn là Công ty TNHH Thương mại Dịch vụ và Sản xuất nhựa Ống Bình Minh cũng đã được Sở Kế hoạch và Đầu tư TP.HCM cấp giất chứng nhận đăng ký kinh doanh vào ngày 15-2-2008. Giữa hai công ty trên có nhiều điểm tương đồng dễ gây nhầm lẫn đối với người tiêu dùng khi có tên thương hiệu “BINH MINH-ỐNG BÌNH MINH” và tên đối ngoại “BINH MINH PLASTICS-ONG BINH MINH PLATICS PLASTICS”. Dễ dàng để nhận ra một điều là công ty TNHH Thương mại Dịch vụ và Sản xuất nhựa Ống Bình Minh “cố tình” gây ra sự nhập nhằng này khi trên biển hiệu công ty phần chữ “BINH MINH” lại được tách riêng ra so với phần chung “TNHH TM-DV-SX NHỰA ỐNG”.  

        Trước hành vi đó, Công ty cổ phần Nhựa Bình Minh đã gửi đơn  lên Sở kế hoạch và Đầu tư Tp. Hồ Chí Minh nhưng không nhận được kết quả thích đáng, đơn vị này đã một lần nữa gửi đơn khiếu nại đến Thanh tra Sở khoa học và công nghệ Tp. Hồ Chí Minh để cầu cạnh. Sau khi làm việc với Thanh tra Sở khoa học và công nghệ, bên vi phạm đã đồng ý gỡ bỏ biển hiệu và xem xét việc thay đổi tên thương mại. Căn cứ theo Khoản 4, Điều 11, Nghị định 88/2006/CP quy định: “không được sử dụng tên thương mại của tổ chức, cá nhân để cấu thành tên riêng của doanh nghiệp. Trường hợp tên doanh nghiệp vi phạm quy định của pháp luật về bảo hộ sở hữu công nghiệp đối với tên thương mại thì doanh nghiệp có tên vi phạm phải đổi tên”.

       Do đó, công ty TNHH Thương mại Dịch vụ và Sản xuất nhựa Ống Bình Minh đổi tên là phù hợp với quy định của pháp luật.

Liên hệ với 0978938505 (Mr.Tiên) hoặc Email: luatsubanquyen@gmail.com để được tư vấn miễn phí!!!

Naci Law

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