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The Prosecutor's Office of Bosnia and Herzegovina

News

INDICTMENT ISSUED AGAINST TWO PERSONS FOR UNAUTHORIZED USE OF RIGHTS TO A TRADEMARK

02.07.2013. 15:03
Prosecutor of Department III issued an indictment against:

- Abdurrahman Uevak, born on July 21, 1970 in Peyas - the Republic of Turkey, residing in Tuzla, a citizen of the Republic of Turkey and BiH; and

- Gokmen Cinar, born on March 1, 1971 in Bogazliyan - the Republic of Turkey, residing in Srebrenik, a citizen of the Republic of Turkey.

Indictment charges Abdurrahman Uevak to have during the second half of the 2012, as the founder and owner of "UVAK" d.o.o. /Ltd./ located in rented premises in the municipality Srebrenik, stored illegally made trademarks, which he then fixated via embroidery, sewing or heat treatment on different garments and ready made goods with the aim to use the false trademark as genuine. During the search of these premises hundreds of clothing items with fake trademarks, as well as more than 116 kg of textile, thermal and  cardboard labels and stickers, with insignia of Adidas, Tom Tailor, Puma, Nike, Diesel, D & G, Knight, Esprit, Lacoste, Paul & Shark and Venesa, were found and temporarily seized from the accused Abdurrahman Uevak.

Indictment charges Gokmen Cinar that to have during the second half of the 2012, as the founder and owner of "Masimar" d.o.o. /Ltd./ Brčko, located in rented premises in Brčko, stored illegally made marks of Adidas, Levis, St. Oliver, Tommy Hilfiger, Tom Tailor, D & G, Puma, GAS, Emporio Armani, Replay, Paul & Shark, Nike, Kappa, Lacoste , Diesel, Diadora, which he then  fixated via embroidery, sewing or heat treatment on different garments and ready made goods with the aim to use the false trademark as genuine. During the search of these business premises  hundreds of clothing items with false trademarks, as well as more than 28.000 kg of textile, thermal and cardboard labels and stickers, with insignia of different world-famous trademarks, were found and temporarily seized from the accused Gokmen Cinar.

As alleged in the indictment, Abdurrahman Uevak and Gokmen Cinar have individually stored and used someone else's trademark, thereby violating another person's right to a trademark thus committing  the criminal offense under Article 149, Paragraph 6 of the Law on Industrial Property in BiH, in conjunction with Paragraph 5 the same Law, all in conjunction with Article 49 of the Trademark Law ("Official Gazette of BiH", no. 53/10).

The indictment was forwarded to the Court of BiH for confirmation.


*Note on the principle of presumption of innocence

This announcement does not prejudice the outcome of the criminal proceedings and does not violate the principle of the presumption of innocence. A person shall be considered innocent of a crime until guilt has been established by a final verdict (Article 3, paragraph 1 of the CPC BiH).

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