Someone used the business trade mark, the business name returning to me, and practiced the same activity can I stop his or her infringement of trademark, and company’s name

Someone used the business trade mark, the business name returning to me, and practiced the same activity can I stop his or her infringement of trademark, and company’s name? and what are the procedures?

Yes, through two ways: The first way through the civil courts, and the requirement to write off its commercial flags with compensation and the other way: Criminal against the person who assaulted his or her science and name.

CIVIL WAY

Article 26 of the Trade Marking Law stipulates that it isn’t allow to register a   business trade mark which may be registered in identical or similar to a previously registered trade mark on the same products or services or on products or services that are not similar , if the purpose of using  the registered trade mark would create an impression of linking them with the products or with The services of the registered owner of the registered trade license or the possibility of harming his interests ..

The law allows to claim to stop of infringement of that person on the trade mark and the trade name and to rule out, revoke the restriction and registration of its trade mark and prevent from using its trade again, and to compensate for the damage you have suffered.

Criminal Way:

 This act constitutes an offense which is a violation of trade license, in accordance with the provisions of article 37 of 1992, amended by article No. 8 of 2002

The article stipulates that the penalty shall be imprisonment and a fine penalty not less than five thousand dirhams or one of these two penalties.

1-Anyone who has forgery the trade license and it has been register accordance to the law or Imitate it in a way that calls for misleading the public, whether regarding the goods and services distinguished by the original mark or those similar to it, and whoever uses a forged or imitated trademark with knowledge of that.

2-Whoever puts a trademark in bad faith on his products registered for another, or uses that mark unlawfully.

3- Whoever sells or offers for sale or exchange, or possesses for the purpose of selling products bearing a forged or counterfeit trademark or unlawfully placed with knowledge of that.