At present, among business entities, it is not uncommon for the production of products using someone else's trademark, does the economic entity have the right to do so? What is the law in connection with this circumstance?
One of the main tasks of the antitrust committee of the Republic of Uzbekistan is to protect business entities from unscrupulous competitors.
The appeal of the private enterprise "Xonqa Billur Salt", which faced such a problem, was considered by the territorial administration.
As it turned out, the private enterprise "Shovat White Salt" established the production of table salt under the trademark "Sadaf", similar to the trademark "Saodat" owned by the private enterprise "Xonqa Billur Salt".
The Intellectual Property Agency, which is the authorised body in this area, has provided Xonqa Billur Salt to a private enterprise. exclusive right to the "Saodat" trademark.
According to the intellectual property agency's findings on this issue, it turned out that the trademark "Sadaf" of the private enterprise "Shovat White Salt" is close to the trademark "Saodat" in graphic terms based on visual representations that mislead consumers.
On the basis of section 3 of article 26 (exclusive trademark right) of the Act on trademarks, service marks and names of places of origin of goods, manufacture, application, import, offer to sell, sale of a trademark or goods marked by this sign, unauthorized way,it is established that the violation of the exclusive right to the trademark is recognized as imposing in civil circulation in a special way or storing them for the purpose of doing so or the designation of homogeneous goods that are more or less similar to them, which misleads them.
In the above-mentioned case, the private enterprise "Shovat White Salt" in accordance with paragraph 3 of Section 1 of Article 13 of the Competition Act and part 3 of Article 26 of the Act of the Republic of Uzbekistan "On trademarks, service marks and names of places of origin"
On the basis of the foregoing, the case was considered by the special commission of the territorial administration under the basis of the Regulation approved by the Cabinet of Ministers of the Republic of Uzbekistan on October 12, 2005.
The private enterprise "Shovat White Salt" is issued with a mandatory order not to use in further activities the trademark of other competing legal entities, the departure from circulation of the "Sadaf" trademark of the company's stock, the use of intellectual property protected under the law, trademarks, trademark similar to the trademark, the trademark, the brand name of a competitor or similar to it in the degree of confusion. labels, trademark packages for goods that are sold or otherwise entered into civilian circulation and enforced.