TRADEMARK REGISTRATION IN VIETNAM

Trademarks are considered as one of the biggest intangible assets of a business. Sometimes the entire value of the factory, investment equipment, products, goods, and services are still lower than the value of the brand name owned by the enterprise. Therefore, the implementation of trademark registration is not only a necessary and sufficient condition for each good and service before entering the market but also a foundation for the development of the enterprise's assets. The trademark of goods and services is what is associated with the prestige, quality, and trust of customers for a particular product or service. Because a trademark is a sign to distinguish the goods and services of one business unit from another.

I. Legal basis

- Law on Intellectual property 2005.

II. General provision

Trademark holder

Subjects eligible for trademark registration include individuals, organizations, and enterprises (According to the provisions of the Intellectual Property Law). Which includes:

Vietnamese individuals, organizations, and enterprises; Foreign individuals and organizations

Conditions for trademark protection

A sign that is visible in the form of letters, words, drawings, images, including holograms, or a combination thereof, represented by one or more colors.

Having the ability to distinguish the goods and services of the mark owner from those of other subjects.

Cases are not granted trademark protection.

- A sign indicating the geographical origin of goods or services unless such sign has been widely used and recognized as a mark or registered as a collective mark or certification mark.

- The sign is not an associate mark identical or confusingly like a registered mark for identical or similar goods or services based on an application with an early filing date or priority date than in the case of an application for a priority right, including a trademark registration application filed under an international treaty to which the Socialist Republic of Vietnam is a contracting party.

- A sign identical or confusingly like another person's mark has been widely used and recognized for identical or similar goods or services prior to the filing date or priority date in the case where the application is filed. enjoy the right of priority.

- A sign that is identical or confusingly like another person's registered trademark for identical or similar goods or services for which the registration of such mark has been terminated for less than five years unless the force is terminated because the mark has not been used continuously for 5 years.

- Signs identical or confusingly like a well-known mark registered by others for goods or services identical or like goods or services bearing a well-known mark or registered for goods or services. dissimilar goods or services, if the use of such sign may affect the distinctiveness of the well-known mark or the registration of the mark is intended to take advantage of the reputation of the well-known mark;

- A sign identical or similar to a trading name being used by another person, if the use of such sign may cause confusion among consumers about the origin of goods or services.

- A sign that is identical or similar to a geographical indication being protected if the use of such a sign could lead consumers to misunderstand the geographical origin of the goods.

III. Procedure for trademark registration

Dossier for carrying out trademark registration procedures.

- Trademark registration declaration;

- Documents, samples, and information showing the mark intended to be registered;

- Power of attorney (if applying through an intellectual property agency);

- The list of products and services for which the enterprise intends to use the mark;

- A notarized copy of the Certificate of Business Registration, Certificate of Investment if the owner is an organization, the People's Identity Card, or another equivalent identification document of the owner being an individual;

- Proof of payment of fees and charges.

Procedures for trademark registration in Vietnam

- Formal examination time: 01-02 months from the date of filing the trademark registration application.

- Publication of the Application in the Official Gazette of the National Office of Intellectual Property: 02 months

- Appraisal of trademark content: 09-12 months

- Issuance and publication of a certificate of trademark registration to the owner: 01-02 months from the date of the notice of intention to grant a certificate of trademark registration.

Above is the information for ‘Trademark registration in Vietnam.' For more detailed information and advice on this issue, please contact directly with Doanh Tri Law Firm at one of the following methods:

Hotline: (+84) 911.233.955 – (024) 6293 8326

Email: [email protected]

Enterprise Law is always pleased to accompany you!

Best regards./.