Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

The Trademark Law provides both civil and criminal law remedies for cases of infringement.

Civil remedies include the compensation of damages and the termination of the infringing activities.

Special preliminary remedies are applicable in cases of trademark infringement. The trademark owner may obtain an injunction against the infringer, when the trademark is registered and its violation is immediately evident.

Criminal law remedies are rarely used in practice.

Where infringement of a registered right is established, the relief that a court may grant includes an injunction to prevent further infringement and either damages or an account of profits at the plaintiff’s option, and legal costs. Registered trademark owners may also give the Australian Border Force a notice objecting to the importation of goods that infringe their registered trademarks.

If a trademark is not registered and another person uses it, a passing-off action under common law and/or a claim for a breach of the prohibition against misleading or deceptive conduct (under the CCA) may be pursued. Successfully pursuing an action for passing off may be considerably more difficult than taking action under the TMA because an action for passing off requires proving goodwill or reputation in the trademark and proof that use of the trademark has misled or deceived consumers as to the origin of goods and services sold under the mark.

Civil remedies for infringement of trademarks include:

• Cessation of infringement (preliminary or permanent injunction)
• Claim for elimination of the circumstances constituting the infringement
• Rendering of account
• Publication of judgment
• Monetary relief

Criminal remedies for infringement of trademarks include:

•  Monetary fine
• Imprisonment

Registered marks can be filed with Austrian customs to prevent import of goods that contain infringing marks.

The remedies for trademark infringement and the principle of exhaustion are similar to those applicable to copyright infringement.

Criminal remedies for trademark infringement can include imprisonment, a monetary fine, seizure of infringing products and destruction of infringing trademarks.

Civil remedies for trademark infringement can include injunction to prevent the continuation of infringements and damages. Interested parties may also file a court action requesting a cancellation of the trademark registration before the Federal Court.

The owner may seek civil remedies, including an injunction, an accounting of profits made by the infringer, delivery up (a remedy that requires the infringing articles to be handed over to the trademark owner), destruction, exportation or other disposition of the infringing wares, or in the alternative to the profits of the infringer, general damages or nominal damages.

Registered trademark owners may pursue an action for trademark infringement and depreciation of goodwill under the Trademarks Act.

Owners of registered trademarks may apply to the court for an order prohibiting the importation or distribution of infringing goods. Owners may also file a Request For Assistance with the Canada Border Services Agency to help prevent the importation of counterfeit or infringing goods into Canada.

Punitive damages may be available where the infringement is particularly egregious or appalling. Criminal penalties are also available.

The owner of the trademark can require the cessation of acts that infringe the trademark, claim damages, the implementation of necessary measures to prevent the infringement from continuing use and the publication of the judgment at the expense of the convicted person, through advertisements in a newspaper of the rights holder’s choice.

The law provides for criminal fines from UTM25 to UTM1,000 (UTM is an inflation-based accounting currency; UTM25 to UTM1,000 are equivalent to approximately USD1,750 to USD70,000), increasing up to UTM2,000 (approximately USD14,000) in case of relapse. In case of trademark counterfeiting, once the respective infringement has been judicially proven, it may be requested that the compensation for damages caused be substituted by a single compensatory sum determined by the court in relation to the seriousness of the infringement, which may not exceed UTM2,000 (approximately USD14,000) per infringement. This right of option must be exercised in the claim for damages. Beginning in 2022, it is also possible for prison sentences to be imposed for certain trademark infringements related to counterfeiting.

It is also possible to request the intervention of customs controls before the court governing the territory in which it is expected infringing goods will enter Chilean borders. Customs can also examine goods ex-officio when from a simple examination of the goods it is evident that they are counterfeit trademark goods.

In case of trademark infringement, the trademark owner can either file a complaint with the local administrative authority or bring a lawsuit to the People's Court.

The local administrative authority may order the infringer to cease the infringing activity immediately, confiscate and destroy the infringing goods and any instruments specifically used to manufacture the infringing goods and counterfeit the registered trademark, and may even impose a fine; where the circumstances constitute a criminal offense, criminal liability shall be imposed in accordance with the law.

The amount of damages for trademark infringement shall be the profit that the infringer has earned as a result of the infringement or the losses that the party infringed has suffered as a result of the infringement, including any reasonable expenses the infringed party has incurred for its efforts to stop the infringement. If neither the illegal profit nor the losses suffered can be determined, a statutory damage up to CNY5 million (around USD 700,000) shall be awarded according to the circumstances of the case. Where there is evidence of bad faith on the infringer's part or other "serious circumstances" (eg, there is an extensive duration and scale of infringement) exist, such damages can be increased by up to 5 times for punitive purposes.

Injunctive relief is available.

Trademarks are protected under Colombian law by a Colombian civil judge, or by the Superintendence of Industry and Commerce in the exercise of its judicial duties in the event of an infringement.

The owner may initiate action´s against any third party that, without their consent:

• Uses the trademark to distinguish similar goods and services

• Removes or alters the trademark for commercial purposes

• Commercializes or advertises products that include the registered trademarks

• Uses an identical or similar sign to identify other goods or services that may lead to confusion

• Uses a similar trademark that may cause any economic or commercial harm to the owner or

• Makes public use of the trademark and such use causes a negative impact on the owner’s prestige.

Decree 2264 of 2014 foresees that, in these cases, the claimant shall not prove the amount of the damages but may provide evidence of the amount of the damage if it turns out to be greater than the anticipated estimate of damages provided for in the law. In cases where the claimant does not wish to provide evidence on the amount of the damages, such a decree foresees that the compensation amount is set at 100 minimum monthly wages (approximately USD25,000) for each trademark infringement. The maximum compensation is equivalent to 200 minimum monthlywages (approximately USD50,000) when the infringement concerns a well-known trademark or when the defendant has acted with bad faith.

Furthermore, trademarks are protected by criminal law. For this reason, the infringements may be investigated by the general prosecutor and penalized by the criminal courts with fines of up to 1,500 minimum monthly wages (approximately USD378,560.08) and prison sentences between 4 and 8 years.

It should be noted that in the Andean Community, the courts of 1st or last instance that decide cases related to Intellectual Property are required to shall request a mandatory prejudicial interpretation from the Andean Community Court of Justice. The Andean Community Court of Justice must provide a prejudicial interpretation regarding the applicable law an opinion on the case which shall be applied and considered by the judge prior to issuing a decision.

Exceptions to the trademark’s principle of territoriality in Colombia

Opposition in the Washington Convention: According to Article 7 of the Washington Convention, the owner of a registered trademark in one of the Contracting States may file an opposition against a trademark application submitted in any of the other Member States, provided that:

• The trademark application is substantially identical to the trademark on which the opposition is based or is likely to mislead consumers.
• It is proven that the applicant is aware of the existence and use of the trademark on which the opposition is based in any of the Member States.
• The trademarks identify goods in the same class.
• The owner of the trademark on which the opposition is based must be a national of a Member State or a foreigner domiciled in the country, and must also have a manufacturing, commercial, or agricultural establishment.

Andean Opposition in Decision 486: The owner of a trademark in any of the Member States of the Andean Community (Bolivia, Colombia, Ecuador, and Peru) may file an opposition against a trademark application in any of the other Andean Community countries, even if their trademark is not registered in that country. In these cases, they must demonstrate a legitimate interest, which is shown by applying for the trademark that supports the opposition in the country where the opposition is being filed.

Proof of Use in Case of Cancellation Actions for Non-Use of the Trademark: As previously mentioned, if a cancellation action is filed against a trademark, the owner can present evidence of the use of their trademark in any of the Andean Community countries.

Possibility to claim actual damages for infringement.

Possible to seek preventing importation of infringing goods.

Injunctive relief is also a possible remedy.

Criminal penalties are possible.

An interim injunction may be granted.

An equitable remuneration for the use of the mark and further damages may be awarded. The equitable remuneration is usually estimated to a reasonable royalty, and, in case of no established license practice, it is based on an estimate. The damages are estimated on the basis of loss of sale, market disruption and internal losses. The assessment of damages is usually based on an estimate, and the courts usually estimate a total amount covering both the equitable remuneration and damages.

Compensation for non-economic damages may be awarded.

A fine may be imposed in case of intent or gross negligence, and imprisonment may be sentenced in case of intent and special circumstances.

Remedies for trademark infringement include a reasonable, non-punitive compensation for the use of the trademark, typically calculated on the basis of what an applicable license would have cost. In case of negligence, compensation for other damages may also be awarded. Reasonable legal costs may be demanded from the infringing party. An injunction may be granted by a court in infringement cases, as well as the destruction of infringing goods. Criminal penalties such as fines and imprisonment are possible.

Remedies are available regardless of whether the infringement is willful. No punitive damages will be awarded, even if the infringement is willful.

French law prohibits both direct infringement and contributory infringement.

Trademark infringement actions may be brought before specialized courts (Paris courts having exclusive jurisdiction for EUTMs), usually after having gathered evidence via an infringement seizure (saisie-contrefaçon), by way of an action on the merits and a summary action, in order to obtain an interlocutory injunction.

An injunction against the further manufacture, import, offer, sale, use or storage of the work may be ordered with immediate enforceability and subject to penalties.

Since 2020, the National Institute of Industrial Property (INPI) has exclusive jurisdiction for trademarks cancellation and revocation actions, when such actions are brought as a principal claim and are based on an absolute ground for nullity, or a relative ground for nullity related to the existence of certain prior rights, or a ground for revocation of any kind. French courts remain competent for other types of actions.

Since 2019, such actions generally need to be brought within 5 years of the acts concerned, provided such action is not subject to any other statutes of limitations (except for well-known trademarks).

In determining the amount of damages to be awarded (compensatory – not punitive), French courts take into account distinctively:

1. The negative or detrimental economic consequences of infringement, including lost gains and losses suffered by the rights holder.
2. The moral harm suffered by the rights holder.
3. The profits earned by the infringer, including intellectual, tangible, and promotional investments saved or not incurred by the infringer.

As an alternative and on request by the trademark owner, the court may set the damages as a lump sum. The lump sum must be greater than the royalties that would have been owed if the infringer had sought a license. This amount is not exclusive of compensation for moral harm caused to the trademark owner.

Remedies also include, notably, the recall, destruction or confiscation of the infringing products and the publication of the judgment.

Legal costs and attorneys' fees may be recovered at the discretion of the judge.

Before the criminal courts, an infringer faces a fine of up to EUR300,000 (or EUR750,000 in certain circumstances) and imprisonment for up to 3 years (7 years in certain circumstances).

Trademarks can be filed with French Customs to prevent importation of infringing goods, provided those goods originate from outside the European free market.

Different remedies are available, but the most commonly sought remedies are injunctions for cease-and-desist and claims for damages. Damages may be calculated as adequate license fees, infringer's profits or lost profits of the rights holder. In order to calculate damages, the rights holder can ask for a rendering of accounts.

Besides that, rights holder or exclusive licensee may make a claim for recall and destruction of infringing products. Customs seizure is available to stop import into German or European territory (based on the type of trademark).

Costs for legal prosecution (ie, court fees and attorney fees) are recoverable up to a certain amount established by statutory German law.

The remedies for infringement include damages, an account of profits and injunctive relief, order for delivery up of infringing goods, material or articles and order for such goods, materials or articles to be forfeited, destroyed or disposed of outside the channels of commerce.

Relief for groundless threats of infringement is available. Relief may be in the form of a declaration that the threats are unjustifiable, an injunction against the continuance of the threats or damages for any loss that has been sustained by the threats.

Criminal sanctions for trademark counterfeiting under Trade Descriptions Ordinance (Cap. 362) is also available as a possible remedy.

Article 27 of the Trademark Act contains special remedies. The following can be requested from the court: establishing the infringement, claim for cease and desist, amendment declaration, providing information on the infringement, and among others confiscating or destroying the products affected by the infringement as well as the tools and materials used for the infringement.

In regard to financial remedies, compensation for damages according to the civil law and restitution of the economic gains achieved through the infringement can be requested.

Attorneys' fees can be recovered, although the court has the power to reduce such fees, should they be excessive.

Injunctive relief is also a possible remedy even before initiating a lawsuit. Ex parte injunctive relief can be also requested.

Criminal penalties are applicable if the trademark infringement is intentional and causes material damage.

Customs proceeding is also available, if trademark infringement is suspected.

In addition to the above, trademark infringement can also give rise to several different types of actions, for example consumer protection proceedings in case of misleading consumers, which may by applicable in addition to competition law proceedings.

Civil remedies include injunctive relief, civil damages, an account of profits, delivery of infringing goods for destructions and cost of legal proceedings.

Criminal remedies may include imprisonment for a term not less than 6 months and up to 3 years, and a fine between INR50,000 and INR200,000. Subsequent convictions may include imprisonment for a term not less than 1 year and up to 3 years and fine between INR100,000 and INR200,000.

Compensation, injunction or a combination of the 2 may be ordered by the Commercial Court as remedies for infringement. Criminal sanctions are in the form of imprisonment and/or fine.

The primary remedies available to a trademark owner in relation to infringement are:

• Injunctive relief
• Damages
• An account of profits
• Order for erasure, removal or obliteration of the offending sign from the infringing goods, articles or materials and/or
• An order for delivery up of the infringing goods, articles or materials

The European Union Trade Mark Regulations 2018 amended the Trade Marks Act 1996. These regulations entitle a trademark owner to seek to stop counterfeit goods passing through Ireland and to stop infringing goods earlier in the supply chain, for example, where there is a risk that a trademark is being used for ancillary or preparatory infringing acts (eg, being affixed on packaging, labels or tags for counterfeit goods).

Injunctive and monetary relief are both available for trademark infringement. In addition, statutory damages for passing off under the Commercial Torts Law 1999 can serve as a complementary claim to trademark infringement.

Any person with reason to fear for the infringement of rights belonging to them, or who seeks to prevent the continuation or repetition of an infringement which has already occurred, may commence legal proceedings to ensure that their right is recognized and the infringement is put to an end. In such circumstances, the right holder will be entitled to remedies, such as injunction and damages.

Injunctions can be granted also as preliminary measures, by way of a summary proceedings, which could stop the infringement within a very short time. When specific requirements are met, the preliminary measures can be granted ex parte, without prior notification to the party against whom the order is to be enforced. The court may also order the seizure of the products and of all matters related to the infringement.

Another relevant remedy is the so-called "descrizione", ie a search order which allows the trademark owner to collect evidence of the infringement through access to the infringer’s premises (or other places where the goods are stored) at the presence of a bailiff and, where necessary, of an expert appointed by the court.

Criminal sanctions may also apply under certain circumstances.

The right-holder of a registered trademark may also seek remedies through administrative proceedings before the Italian Patent and Trademark Office (UIBM). Specifically, an opposition action can be filed within 3 months of the publication of a trademark application to prevent the registration of a confusingly similar mark. Additionally, as of December 29, 2022 nullity and forfeiture actions can be initiated directly before the UIBM, pursuant to Article 184-ter of the Industrial Property Code. This administrative procedure offers significant advantages, including expedited resolution and reduced costs, with a fixed fee of EUR500 (for the filing of the nullity or forfeiture action).

Monetary damages can be levied. There are certain statutory presumptions to calculate damages but punitive damages are not available under Japanese law.

Injunctive relief, including seeking/preventing importation of infringing goods, is available as a remedy.

Measures are available to restore the business reputation of the trademark holder and exclusive licensee (eg, publishing an apology in a newspaper).

Each joint owner can seek a remedy for infringement without the other owner's consent.

Criminal penalties are possible for trademark infringement.

The possible remedies for trademark infringement are set out in articles 2.21 and 2.22 of the Benelux Convention on Intellectual Property of February 25, 2005, as approved, by the Law of May 16, 2006 and amended by the Protocol of December 11, 2017 (put into force March 1, 2019), approved by the Law of July 20, 2018.

• Compensation of material and non-material damages, which consist of:
  • Losses suffered, including costs and expenses imposed on it for the investigation and determination of the infringements and the inconveniences connected with the proceedings the trademark holder is forced to institute, loss of reputation, prejudice to the commercial value of the trademarks and loss of market share
  • Loss of profits
• The handing over of the materials and instruments that were mainly used for the production of the infringing goods.
• In case of acts committed in bad faith, transfer of the profit enjoyed as a result of those infringing acts.

Violation may lead to payment of damages and losses, which shall be determined by the IMPI, based on actual damage and loss. Such payment of damages and losses will in no case be less than 40 percent of the public sale price of each product or the provision of the services that involve a violation of any of the intellectual property rights governed by the Federal Law for the Protection of Industrial Property (Ley Federal de Protección a la Propiedad Industrial).

Criminal penalties may be imposed.

The possible remedies for trademark infringement are set out in the Benelux Convention on Intellectual Property and European Union Trademark Regulation (EU/2017/1001) of 2017, which also allow both interim and final injunctive and monetary relief.

Monetary relief also entails the possibility to set the damages as a lump sum as well as the possible conveyance to the claimant of infringing goods and, in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods. In case of a bad-faith infringement, monetary relief also includes the possibility to claim payment of unfair profits made. A number of supplementary, injunctive sanctions may be applied for, such as:

• A recall or definitive removal from the channels of commerce or destruction of the infringing goods and, in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods
• The right of information, ordering the infringer to share precise information on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement
• The dissemination of the decision, including the displaying and publishing of the decision, in full or in part

A European rule of exhaustion applies, which means that the trademark owner shall not be entitled to prohibit the use in relation to goods which have been put on the market in the European Union under that trademark by the trademark owner or with the owner's consent. This rule of exhaustion does not apply where there exist legitimate reasons for the trademark owner to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

According to the Dutch Code of Civil Procedure, generally the losing party is obliged to pay the legal costs of the winning party. However, the judge has the authority to decide that these costs will be partly compensated by the winning party. In practice, the legal fees are calculated based on fixed statutory fees that vary depending on the complexity of the case.

The remedies available for infringement of a trade mark include damages, an account of profits and an injunction. In certain situations criminal proceedings may be commenced for trademark infringement.

Trade mark owners may also give notice to the New Zealand customs service requesting that they detain any goods in the control of customs, on which or in physical relation to which an infringing sign is used.

In addition, remedies may be sought under the Fair Trading Act 1986 for misleading and deceptive conduct as well as pursuant to the tort of "passing off."

Where a registered trademark has been infringed upon, the proprietor may:

• Issue a cease and desist letter to the infringer.
• Commence legal action at the Federal High Court for the following reliefs: (a) an injunction (interim and final), (b) damages, (c) an order for delivery up or destruction of infringing articles and/or (d) an order allowing search and seizure, which can be granted without notice to the defendant.
• Commence takedown measures of infringing content from the internet.

The remedies for trademark infringement include equitable and reasonable compensation for the use and compensation for losses and further injuries caused by negligent or willful infringement. The court may also order products or materials infringing the trademark be recalled from stores, delivered to the trademark owner or destroyed.

Injunctive relief and criminal penalties are also possible remedies.

The national authority may establish fees of up to USD160,000 for the infringement of intellectual property rights.

Violation may lead to payment of damages and losses, which shall be determined by a court of law.

Criminal penalties may be imposed and are regulated by the national Criminal Law.

The owner of a registered mark may recover damages from any person who infringes their rights, and the measure of the damages suffered shall be either (i) the reasonable profit which the complaining party would have made, had there been no infringement, or (ii) the profit which the infringer actually made out of the infringement. In the event such measure of damages cannot be readily ascertained with reasonable certainty, then the court may award as damages a reasonable percentage based upon the amount of gross sales of the infringer or the value of the services in connection with which the mark or trade name was used in the infringement of the rights of the complaining party.

The award of damages may be doubled in cases where actual intent to mislead the public or to defraud the owner is shown.

Injunction and impoundment are also available remedies.

In any suit for infringement, the owner of the registered mark shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is likely to cause confusion, cause mistake or deceive. Such knowledge is presumed if the registrant gives notice that their mark is registered by displaying with the mark the words ‘”Registered Mark” or the letter R within a circle ® or if the defendant had otherwise actual notice of the registration.

Criminal action is also available, independently of civil and administrative sanctions.

Polish law provides remedies for trademark owners to combat trademark infringement, such as demands to cease infringement, to compensate for damage incurred (also by paying a license fee), and the return of unfairly gained profits. Furthermore, under Polish law it is possible to pursue claims to prohibit actions constituting a threat of trademark infringement. The trademark owner may also seek a preliminary injunction before initiating the main proceedings, under which, for example, the infringing actions – such as manufacturing, offering and selling the infringing products – must be ceased and the infringing goods seized and held for the duration of the main infringement proceedings before the court. Since July 1, 2023, the courts are required to hear the infringer’s arguments before granting an injunction, therefore it has become more difficult to take the infringer by surprise. Rightsholders are also required to inform the court of pending or past cases concerning invalidation of their rights. In assessing whether an injunction is justified in a particular case, the courts take into account the likelihood that the plaintiff’s intellectual property right will be invalidated. In addition, it will not be possible to obtain an interim injunction if it has been more than 6 months from the date when the rightsholder becomes aware of the alleged infringement of the intellectual property right in question.

It is also possible to file a request for information required to pursue claims against the infringer and obtain discovery when an infringement is highly probable (before the main proceedings or during the course thereof).

The same rules as in patent infringement cases apply with regard to the court order concerning costs of the proceedings.

Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne with the protection of the right in question and the investigation and termination of the harmful conduct, as well as personal injury, shall also be taken in consideration.

If it is impossible to quantify the losses effectively suffered by the injured party, the court may, provided this is not opposed by the injured party, alternatively define a fixed amount with recourse to equity that is based, as a minimum value, on the remuneration that the injured party would have received if the infringer had requested authorization to use the industrial property rights in question and the costs borne with the protection of the industrial property right and the investigation and termination of the harmful conduct.

Trademark counterfeiting is punishable as crime with imprisonment up to 3 years or a fine.

The sale of counterfeit products is punishable as crime with imprisonment up to 18 months or a fine.

Damages may include actual damages and/or loss of profits resulting from the infringement. Trademark infringement is considered a criminal offense punishable in certain conditions with imprisonment.

Costs and reasonable attorneys' fees are recoverable.

Injunctive relief is also an available remedy. The owner of the registered marks may file a request for intervention with the Romanian customs authorities in order to prevent importation of counterfeit products.

The trademark owner or exclusive licensee is entitled to the following primary remedies:

1. Demand to stop infringement
2. Demand to redress damages in full
3. As an alternative to claiming damages, to demand the monetary compensation in the amount from RUB10,000 to RUB5 million, or in double the amount of the cost of counterfeit originals or imputed license fee and
4. Demand seizure or destruction of media bearing infringing objects.

Criminal or administrative penalties may also apply, under certain circumstances.

A wronged party can seek damages or compensation for infringement of its rights and harm suffered. In addition, the GCC Trademark Law stipulates certain penalties for trademark infringement depending upon the nature of the offense. For example, it is an offense to, amongst others, counterfeit or imitate a registered trademark so as to mislead or confuse the public, or to use in bad faith a trademark owned by others on goods or services without authorization. These offenses carry a jail sentence of between 1 month to 3 years or a fine between SAR5,000 and SAR1 million, or both. Penalties may be doubled for repeat offenders. Additional penalties may include potential closure of the place of business for between 15 days to 6 months and publication of the decision at the expense of the offender.

Remedies available to the owner of a trade mark include injunction, a monetary award (damages, an account of profits and statutory damages) and an order for erasure of the offending sign or for disposal of the infringing goods.

In the case of an unauthorized interference with the rights, the owner of a trademark is entitled mainly to seek prohibition of unlawful interference of the rights or threats to the rights and removal of the consequences of such interference. If, due to such interference with the owner's rights, any damage has been caused, the owner shall have the right to damages including loss of profits. If non-pecuniary damage has occurred, the owner has the right to reasonable compensation, including financial compensation. Right to unjust enrichment is not affected.

Pursuant to the Civil Code, in the case of a breach or threat of an intellectual property right that may be the subject of a license agreement (such as a trademark), the amount of damages shall be at least equal to the remuneration for a license granted at the time of unauthorized interference with the right.

In addition, criminal sanctions pursuant to the Criminal Code shall apply.

The act of using a trademark includes the act of displaying a trademark on goods or packages of goods. Pursuant to the amended TMA which became effective on May 27, 2025 the act of using a trademark extends to the act of supplying goods or packages of goods bearing a trademark, marked abroad and brought into Korea through a third party (eg, delivery service provider). This amendment empowers customs to treat counterfeit goods personally imported via overseas direct purchases as trademark-infringing items and block their entry.

remedies available for infringement are:

• Criminal sanction
• Preliminary injunction
• Permanent injunction
• Damages

Under the amended TMA which became effective on July 22, 2025 courts are authorized to award damages as a punitive measure of up to 5 times the amount of actual damages for intentional or willful acts of trademark infringement. 

The owner of a registered trademark may, before the jurisdictional authorities, take appropriate civil, criminal or administrative actions against those infringing their right and request the measures necessary for protection of the trademark, without any prejudice to submission of the case to arbitration, where possible.

In particular, an owner whose right to a trademark is infringed may in a civil action claim:

• The cessation of the acts infringing their right
• The compensation for the damage suffered
• The adoption of the measures necessary to avoid the continuation of an infringement and in particular, the withdrawal from economic circulation of the goods, packaging, wrappers, advertising material, labels or other documents in which the infringement of a trademark has been manifested
• The destruction or transfer for humanitarian purposes, where possible, as chosen by the party concerned and always at the expense of the guilty party, of the goods unlawfully identified with the trademark which are in the possession of the infringing party, except where the nature of the good allows the distinctive sign to be removed without affecting the good itself, or where destruction of the good would do disproportionate harm to the infringing party or owner, according to the specific circumstances of each case as determined by the court and
• The publication of a decision at the expense of the guilty party by means of announcements and notifications to the parties concerned.

The remedies for trademark infringement include  reasonable compensation for the use and compensation for losses and damages caused by negligent or willful infringement. Costs and reasonable attorneys' fees can also be recoverable.

It is possible to file customs actions applications to prevent importation of infringing goods, and to obtain a court order for destruction or alteration of infringing products and equipment used in the manufacture thereof.

Injunctive relief is also a possible remedy. Criminal penalties are possible.

Remedies for trademark infringement include declaratory actions, actions for performance, damages, confiscation and destruction.

Actual damages can be monetary loss suffered by the trademark owner or profits gained by the infringer. Injunctive relief and publication of judgments are also possible remedies.

It is possible to seek the prevention of importation of infringing goods and obtain customs' assistance. Criminal penalties are also possible

• Claim for damages
• Request to stop or prevent infringement
• Request for destruction of infringing articles, materials and implements used in infringing the trademark
• Apply to the Customs authorities for tentatively seizing the imported or exported goods that infringe the trademark rights

The trademark holder or authorized person (eg, licensee) may seek the following remedies under Ukrainian law:

• Termination of the infringement
• Cancellation of the infringing trademark certificate
• Reimbursement of damages, including loss of profit or payment of compensation. The amount of compensation shall be determined by the court, taking into account the extent of the infringement, the fault of the infringer and other relevant circumstances. The amount of compensation shall not be less than the amount that would have been paid for granting permission to use the rights to the trademark in dispute. If the infringement of the rights was unintentional and without negligence, the amount of compensation shall be equal to the amount of remuneration that would have been paid for granting such permission.
• Recognition of a right
• Seizure of infringing goods
• Prohibition of import and
• Publication of the court decision on the case concerning IP rights infringement.

In addition, the Criminal Code of Ukraine dated April 5, 2001 contains criminal liability for infringements of intellectual property right with regard to trademarks.

In the UAE, trademark infringement is a criminal offense. Article 37 of the Trademark Law deals with the various offenses which range from the counterfeit and imitation of trademarks to the use and sale of products bearing an imitation of a trademark.

A trademark owner can petition the judge of urgent matters on an ex parte basis for a Precautionary Measures Order on the grounds that one or more of the crimes set out in the Trademark Law is being committed. However, civil proceedings must be commenced very quickly afterwards which limits the effectiveness of this type of Order.

Involvement in counterfeiting is punishable under the Anti Commercial Fraud Law. Penalties include imprisonment and fines up to AED (one) 1 million (approx. USD 270,000) for pharmaceutical and food products and AED 250,000 (approx. USD 68,000) for other products. Penalties can be doubled in case of repeat violations.

UAE law does not explicitly provide trademark owners with the right to apply for an injunction. In practice, the UAE Courts have granted "stop" orders to successful applicants.

The court may order the destruction of goods bearing unlawful marks and/or the publication of the judgment in the Trademark Journal and in any one of the Arabic newspapers published in the UAE at the expense of the defendant.

Remedies for infringement include injunctions (or interdicts in Scotland), damages or an account of profits, orders for erasure, removal or obliteration of offending sign, orders for delivery up or destruction. There is also a customs seizure regime.

There is an actionable right in the UK against those who make unjustified threats of trademark infringement. Companies should take care when writing to a 3rd party alleging infringement or use of a similar mark.

Damages may include actual damages or lost profits resulting from the infringement.

Treble damages are possible for willful infringement. Costs and reasonable attorneys’ fees may be recoverable for willful infringement.

Injunctive relief is also an available remedy. Registered marks can be filed with US Customs to prevent importation of goods using infringing marks.