+84(4) 3652 2374

Trademarks

Trademarks

There are five marks (or trademarks) protected under the Vietnamese Intellectual Property Law. Trademark is a visible sign, which serves to distinguish the products or services of one trader from those of others. The sign may be letter, word, figure or design or combination thereof in color or not. Collective mark is a mark, which serves to distinguish the goods or services of members from those of non-members of a group or an association that is the owner of the mark. Certification mark is a mark whose owner grants traders to use for their goods or services in order to...
Read More

Criteria of Registrability

A trademark is available for registration if it (i) is distinctive for the goods or services which the mark is applied for, and (ii) is not deceptive, or contrary to morality and public order. Detailed regulations on the distinctiveness of a trademark are provided by Articles 74 of the Intellectual Property Law. Besides regulations on unregistration of marks that are contrary to public order, morality or prevailing law under the civil code, Article 73 of the Intellectual Property Law stipulates signs cannot be used as trademarks as follows: Those identical with or confusingly similar to the national flags, national emblems;...
Read More

Trademarks – Costs

The costs of registration of trademark depend on how many classes of goods or services are covered in the application and the number of goods or services of each class. In addition, the costs also depend on the convention priority rights claimed and objections raised during the examination by the NOIP. Payment for the costs can be made at the time of filing and granting. Application fees including fees for filing, claiming priority right (if any), publication, conducting search and substantive examination are often paid at the filing date. Granting fees including fees for granting a certificate, registration and publication...
Read More

TradeMarks – Procedures and Time Frames

Trademark applications may be filed with the National Office of Intellectual Property of Vietnam (NOIP) directly or by mail. The filed applications will be subjected to the examination process as the following chart shows. Examination on filing The Receiving Division will examine whether the trademark application satisfies the requirements on the documentation and the application fees have been paid. If the application meets all the requirements on filing, a date of filing and an application number will be assigned. Examination as to form The filed application will be then examined as to form within one month. The NOIP examines the...
Read More

Invalidation and Cancellation

INVALIDATION OF TRADEMARKS According to the Vietnamese trademark law, a trademark may be invalidated under the following circumstances: The trademark holder submits a written declaration of abandonment to the NOIP; The term has not been extended; The trademark holder (natural person) dies and he has no successor, or a legal entity liquidates and there is not a legatee; Lack of use of the trademark within 05 consecutive years before the time of filing of request for non-use invalidation; The holder of the collective/certification mark uses the mark in breach to the collective/certification mark regulations. For the invalidated trademarks, the rights...
Read More

TradeMarks-Assignment and License Contracts

The contracts must be in writing and must be signed by the parties to the contract. An assignment contract must include at least the following contents: The full names and addresses of the contracting parties; Identification of trademarks; Term of payment including price; Obligations and rights of the contracting parties. There are three types of licenses, namely exclusive, non-exclusive and sub-license. The content of license contract at least includes: The full names and addresses of the contracting parties; Identification of trademarks; Type of license; Scope of license, in particular, the territorial limits and the rights of use; Termination of the...
Read More

TradeMarks-Enforcement

The exclusive rights on a trademark is essentially the rights to use the trademark and prohibit any third parties from using it in the course of trade i.e. affixing the mark to goods, packages of goods, means of business or supplying services and stationary in business activities, circulating, offering, advertising, storing for sale of goods bearing the mark, importing goods or services for which the trademark is registered without the consent of the right holder. To protect his exclusive rights, the trademark holder should himself or via a trademark agent implement trademark watch, identify trademark counterfeits and infringing goods, thereby...
Read More