A legal opinion of trademark infringement is an evaluation of the similarity of a trademark with an infringer‘s trademark, as well as on the similarity of goods/ services for which the trademark is registered with products/ services that are used by the infringer.
The legal opinion is necessary in cases when you have identified the infringement and filed a statement requesting the injunction with the police, the court, the Federal Antimonopoly Service (FAS) unassisted - you should:
- confirm the similarity of your trademark with a infringer’s trademark or
- confirm the uniformity of the goods and/ or services
If the right holder has information about violations of his rights to a trademark, then it is advisable to provide evidence of illegal actions before going to court. To confirm the position, the owner of the trademark has the right to contact a specialist for a qualified opinion. The expert examines the trademark of the right holder and the second means of individualization and draws up a legal opinion on trademark infringement. Such a document contains a motivated position and lists the circumstances that indicate the identity or similarity of the compared trademarks.