CONSULTING ON COMPETENCE FOR THE TRADEMARK PROTECTION IN VIETNAM

To restrict the possible risks to their own products and services, businesses shall register trademark protection to protect the maximum interests of the company’s brand. NPLaw would like to provide Clients with issues related to trademark protection through the following essay. 

What is trademark protection?

Trademarks include the following two basic types: trademarks for goods and trademarks for services. Trademarks are signs used to distinguish the goods and services of different organizations and individuals. Trademark protection means the protection of the value of goods and services from use, expropriation and prior registration by another person.

How long is the duration of the protection?

The protective duration of a trademark is ten (10) years; however, the trademark's owner can apply for multiple renewals in a row (every 10 years), and the trademark can be protected permanently if it is renewed on time.

Within six (6) months before the date of expiration of the Trademark Registration Certificate, the trademark owner shall file an application for renewal and pay the fees as defined by the Intellectual Property Office of VietNam.

The scope of Trademark Protection

The scope of protection shall be determined as follows:

• Brand template;
• List of attached-trademark goods and services;  
• Scope of national territory.

What are the benefits when one trademark is protected exclusively? 

• Help consumers avoid confusion when buying the business’s goods and services on the market.
• Guarantee for the authentic manufacturer with its own reputation, quality, and position in the market.

The Law prescribed exclusive protection regimes in the form of allowing authentic manufacturers to register their trademark protection for exclusive use in commerce. Thus, we need a clear understanding of the conditions for trademark protection to build a trademark that is protected in accordance with the Intellectual Property Law.

The conditions for trademark protection

Pursuant to Article 72 of the Intellectual Property Law, the conditions for trademark protection are as follows:

The trademark shall be protected if it demands the following common conditions:

1. A visible sign in the form of letters, words, drawings, and images, including holograms, or a combination thereof represented by one or more colors;
2. The competence to distinguish the goods and services of the trademark owner from those of another owner.

However, many signs shall be protected under the name of the trademark. We should note the following signs:

1. Signs are too coincidental or similar to cause confusion with the countries’ national flag and national emblem.
2. Signs are too coincidental or similar to cause confusion with the symbol, flag, badge, abbreviated name, and full name of State Agencies, Political Organizations, Socio-Political Organizations, Socio-Political Organization-Profession, Social Organizations, Socio-Professional Organizations of VietNam and International Organizations; unless such agencies or organizations allow protecting.
3. Signs are too coincidental or similar to cause confusion with the name, alias, pen name, or image of a National Leader, National Hero, or Entrepreneur of VietNam and Foreign Country.
4. Signs are too coincidental or similar to cause confusion with the Certificate Seal, Check Mark, or Guarantee Mark of the International Organization that the organization doesn’t allow to be used, unless such organization registers the seal as a Certification Mark.
5. Signs cause misunderstanding and confusion, or have a deceptive nature about the origin, feature, uses, quality, value, or other characteristics of goods and services for the customers.

Therefore, for restrictions on the possible risks to products and services, simultaneous increase in competitive advantage in the market, business owners need registration for trademark protection to build a permanent brand. In addition to promoting broadcasting activities for the business’s brand, trademark protection also creates trust in relationships with customers.

These are all information relating to trademark protection as prescribed by Vietnamese Law. Please don’t hesitate to contact us, if the clients have any further questions. NPLaw is willing to support the Client in resolving all issues regarding the franchising agreement with the best efforts, especially in drafting.   

NPLAW is proud to be a prestigious law firm unit and has the trust and belief of clients, enterprises, and individuals. NPLaw specializes in providing legal services all-around relating to domestic and abroad investments such as Enterprise, Real Estate, Intellectual Property, Labor; drafting consultation, negotiation and concluding support for the Commercial Contract, domestic and abroad Service Contract; consultations and support for implementing licensed procedures of licenses, etc,. NPLaw, with our professional Lawyers and Specialists, we have the full ability to consult with and support customers as they implement the above procedures. Along with the slogan “Your benefits - Our Priority”, NPLaw definitely becomes the accurate and safe choice for your legal issues.  

NPLaw

Hotline: 0913449968

Email: legal@nplaw.vn

CÔNG TY LUẬT TNHH NGỌC PHÚ

Customer service: 19009343

Hotline: 0913 41 99 96

Email: legal@nplaw.vn