If the trademark owner feels that his rights have been violated, the trademark owner can file a civil suit, criminal complaint or other alternative solutions. It is better if the settlement out of court takes precedence.
Brand is an important element in a business. A brand serves as a differentiator for the goods or services that are produced or sold. However, the more well-known a brand is, the more potential it will be copied or hijacked and then used by others without permission or license.
Such action is a trademark infringement. If your mark is imitated or hijacked and then used by another person without permission or license, according to Mark and Geographical Indications, the trademark owner can do 3 things, namely civil suit, criminal complaint, or alternative dispute resolution.
1. Civil Lawsuit
According to the registered trademark owner can sue other parties who use the mark without permission (without rights) in the Commercial Court. The lawsuit can be in the form of a claim for compensation or a request for termination of the brand infringer’s business activities.
This can be done if the brand infringer uses a similar or exact brand for similar goods / services (in the same class). Apart from the registered trademark owner, a lawsuit can also be filed by well-known trademark owners who have not been registered.
2. Criminal Complaints
Brand owners can take criminal action if their mark is violated. The criminal provisions for infringement of marks constitute a complaint offense. This means that trademark infringement will not be prosecuted by law enforcers without complaint from the trademark owner.
Violation of the exact same trademark and of the same type can be imprisoned for a maximum of 5 years and a maximum fine of 2 billion. Meanwhile, trademark offenders whose goods are similar are punished with a maximum imprisonment of 4 years and a maximum fine of 2 billion Rupiah.
There are even heavier criminal threats for trademark offenders whose goods cause health problems, the environment and death. Trademark violators will be subject to imprisonment for 10 years (maximum) and a fine of up to 5 billion.
Not only for producers, but also criminal threats against counterfeit brand sellers. Especially for sellers of counterfeit brands, whether in the form of goods or services, can be punished with a maximum imprisonment of 1 year or a fine of up to 200 million, Apart from taking legal action, both civil and criminal, the owner of a mark whose mark has been violated can use alternative methods of dispute resolution.
What is meant by “alternative dispute resolution” includes negotiation, mediation, conciliation, and other methods chosen by the parties. By taking this approach, the solutions offered can benefit both parties.
For example, trademark owners can offer legitimate use of their mark to trademark infringers through the trademark licensing mechanism. This can be done by negotiating both parties.
Going the alternative route does not take much time and money. If this method remains deadlocked, it is better to proceed with the criminal and civil route to provide a deterrent effect for the violator of the mark and to recover the loss of the rightful trademark owner.