The relevant legislation for trademark litigation is primarily the Law on Trademarks (6/2020), as it lists possible actions and other procedural particularities, such as available injunction measures and the securing of evidence. Other national laws that apply directly to trademark litigation include:
determination of infringement;
termination of the infringement, as well as a ban on the repetition of such or similar actions;
compensation;
publication of the judgment at the defendant’s expense;
confiscation (ie, permanent exclusion from the market, or destruction or alteration, without compensation) of infringing objects; and
prohibition of alienation, confiscation or destruction, without compensation, of materials and objects used in the production of objects.
When considering the amount of damages, the court will consider the particulars of each case, especially any negative economic consequences that the rights holder has suffered, including lost profits and gains by the infringer.
The court will consider the proportion between the seriousness of the violation of the right and the claim, as well as the interests of third parties. An infringement action can also be filed against a person whose services were used during the violation of rights (intermediary). The plainti