Should register for logo protection as trademark or copyright in Vietnam
If you do not register for trademark protection, your business will not be fully and completely protected. This leads to the risk of not being able to own your brand. Once the brand value is higher and higher, not owning the brand becomes extremely dangerous, and when the consequences of a dispute occur, the risk of losing or infringing the brand is very potential. However, many businesses still wonder. Should they register for logo protection as a trademark or copyright? In the following article, Lawyer X would like to clarify this issue.
Legal grounds
– Consolidation document 07/VBHN-VPQH in 2019
Consulting content
Why is it necessary to use the Logo protection registration service?
By current intellectual property laws. Not required to register for copyright protection, the company logo template is still automatically protected by copyright. However, when the commercial value of the logo created, there will be many instances of copying. Many individuals and groups use it for profiteering purposes. Both directly or indirectly will adversely affect the brand.
Logo protection is a way for individuals and businesses to protect their intellectual property. So, a Protected Logo protects the owner against theft, imitation, or unfair competition. Therefore, enterprises can choose two forms of logo protection: trademark registration at the National Office of Intellectual Property, under the Ministry of Science and Technology. Or register for the copyright of applied artworks at the Copyright Office, under the Ministry of Culture, Sports and Tourism.
Use logo protection registration service. This will help businesses avoid copyright infringement of the company logo as well as protect practical interests if a dispute occurs. This is the strongest evidence against the infringing party and you have the right to claim damages.
What is registration of logo protection as a trademark?
Trademark is a sign used to distinguish the goods and services of an enterprise from other organizations/enterprises. When registering for the protection of logos as trademarks, businesses will protect their trademarks in a wide range with the strictest protection mechanism according to current legal regulations.
Advantages:
– This is the strongest protection procedure to guarantee the current ownership.
– Secondly, the form of trademark protection has a very strict and wide-ranging protection mechanism.
– Logo is protected in both image and content.
Defect:
– Long processing time.
– The cost of registration procedures is higher than copyright registration.
– The procedures and criteria for reviewing trademark registration certificates are complex and difficult.
What is trademark registration certificates?
With this form, the logo seen as a “work of applied art” – a work represented by lines, colors, shapes, and layouts.
Advantages:
– The application is easily accepted, but there are a few problems arising.
– Fast certification time is only about 15 working days.
– Scope of protection: Not limited to fields.
– The cost of carrying out the procedure is low, and the protection period is very long (from about 75 to 100 years).
Defect:
– The level of protection for copyright is weak.
– In fact, the rights of logo copyright are still very precarious, with little practical effect.
– The logo duplication is getting more sophisticated making it difficult for the brand to prove.
Should I register for logo protection as a trademark or copyright?
With the above 2 forms of logo protection registration, depending on the branding strategy and financial capacity of each business, the business makes the most suitable choice. In analysis, each form of registration will have its advantages and disadvantages. At the same time, there are regulations that each business must meet according to the current legal regulations on intellectual property.
“A logo that is impressive and engaging enough represents a strategic business vision and is the perfect start to a company’s brand.” However, for businesses to minimize the risks of intellectual property, be very wise in the steps of protecting yourself!
Logo registration service like?
Before proceeding with the logo registration procedure, the application owner needs to design a logo for his product/service. When designing, to avoid the case that the logo may be identical or confusingly similar to previously registered logos for the same product/service. Should design according to their ideas and should not refer to or copy other party’s logo ideas.
To assess the possibility of logo registration, a logo search can conduct before officially submitting a registration application at the National Office of Intellectual Property. The search results will show that my logo is the same or similar to someone else’s logo that has been protected or filed before? From there, you can modify the logo if it is the same or similar or you can safely submit an application.
Similar to the Logo protection registration service, you will be consulted wholeheartedly to avoid possible legal errors.
Why should you use the registration service to protect the Logo of Lawyer X?
The business market is always a competitive, volatile market. The delay in the logo protection registration process will cause the trademark to copy and taken advantage of by competitors. Meanwhile, if businesses do it themselves, the Logo registration process with many procedures will face many risks. Using Lawyer X’s logo protection registration service will make you feel secure in every step of the implementation:
- Advice on the most necessary documents and procedures for the registration of Logo protection.
- Consult the form of Logo protection registration by the requirements of customers.
- Compiling registration dossiers; providing customers with the most appropriate and latest forms.
- Act as a representative on behalf of customers to submit registration documents, receive and respond to appraisals, and pay fees.
- On behalf of the client monitor the processing of records.
- Supplement or correct the dossier at the request of the records handling specialist (if any).
- Receive certificates of Logo protection registration and hand them over to customers.
- Appeal against the decision to refuse to grant the certificate (if any).
- Consulting on the handling of infringements of the rights to the registered Logo (if any).
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Re-issuance of copyright registration certificate for foreign works
- How to register a foreign logo in Vietnam?
Frequently asked questions
The cost of logo registration depends on the product/service group the customer intends to register, the group of products/services specified by the Intellectual Property Law has 45 groups and depends on each product/service to be registered. classified into different groups.
To know the specific cost of Logo protection registration service. Please contact Lawyer X for a specific quote.
The answer is yes. According to the provisions of the Law on Intellectual Property of Vietnam, individuals (including those with Vietnamese nationality and those with foreign nationality) are entitled to register logos, trademarks, and trademarks for products/services without individual offers and want to be exclusive.
The answer is no. The scope of protection of the logo will be subject to the territorial principle. When a logo is registered in any country, it will only be protected in that country. In case, the owner of the logo wants to be protected in a country other than Vietnam. The owner needs to go through the procedure to register directly in the country of interest.
Services of Lawyer X.
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand sonal information of client Lawyer X will be 100% confidential.
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