Decoding the meaning of C, R, TM in trademark protection registration in Vietnam

Linh Gia April 26, 2022

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Posts : Decoding the meaning of C, R, TM in trademark protection registration in Vietnam In the section LSX Lawfirm

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“Dear lawyer, when shopping for household appliances and goods for daily use, I often encounter the symbols C (©), R (®), TM (™) written very small on the product. I heard they are used in trademark registration. So what is the meaning of those symbols? Which symbol product will have better quality? Please have a lawyer decode the meaning C, R, TM so that I can buy safe products for my family with peace of mind.” When buying and using goods and products; We often see ®, ™, SM, and © symbols associated with a product, brand, or packaging name. But what do these symbols mean? Why does the product have these symbols on the packaging? How to use it? Is there a penalty for using those symbols incorrectly? To clarify these questions, today, LSX Lawfirm will give you an article about “Decoding the meaning of C, R, TM in trademark protection registration in Vietnam”, as follows:

Legal grounds

Intellectual Property Law – Consolidated Document 07/VBHN-VPQH 2019

What is trademark registration?

The brand is one of many factors that make products different. Consumers have always relied on brands to distinguish products of different organizations. Brand equity has a huge impact on customers’ perceptions and purchasing decisions. Therefore, brand protection is important for business owners.

To claim ownership of brand assets; Enterprises need to register for trademark protection to avoid acts of infringing upon their trademark rights.

Trademark registration is the establishment of the right to be protected by law when infringing upon brand elements.

When registering for trademark protection; the enterprise will have the exclusive right to use its registered trademark; has the right to transfer ownership or use rights to the product brand; and the right to take legal action against infringements of registered trademarks.

Decoding the meaning of C, R, TM in trademark registration

The symbols C, R, and M are symbols related to the protection of intellectual property objects; which the legal profession term refers to as the “legal status” of that subject.

In Vietnam, the Law on Intellectual Property does not stipulate when to use these characters. But according to the “internationality” of Intellectual Property, Vietnam still applies international practices on the interpretation of the object’s legal status note. Accordingly:

© symbol (round C)

For products with the symbol C or round C, it is “Copyrighted”. It means that the product is a registered trademark. Products with the symbol © will enjoy all rights to use and ownership of a certain product, service, or idea and prohibit any person or organization from using any idea or service of a product without permission in any way.

All legal rights of products printed with the © symbol have been protected by regulatory authorities. Therefore, any individual or organization that intentionally misuses the regulations will be administratively sanctioned or criminally liable, depending on the seriousness of the violation.

In addition, Copyrighted is only applied to the creative products of the author or the creator of the work, ideas, information… such as literary, musical, architectural, or artistic works… is specifically and clearly recorded in Article 14 of the Intellectual Property Law.

Symbol ® (rounded R)

The symbol ® – Registered means that this product has been registered for protection with state agencies. Therefore, products with the symbol ® can understand that; they have registered for protection by individuals or organizations with state agencies. That means that the product protected by the state and the law. And products that do not have the R symbol mean that this product has not registered for protection with state agencies.

So to register for trademark protection with state agencies; products must meet certain conditions as prescribed in article 72 of the Intellectual Property Law. The registration process can last for 12 months and is valid for 10 years from the date of submission of the application. At the expiration of 10 years; the individual or organization that owns the product is responsible for renewal with each renewal period of 10 years; the Unlimited number of renewals.

Symbol ™ ( TM )

™ is the symbol for “Trademark” which means trademark. For products that have not yet registered for protection rights; but the owner wants to use the ™ symbol to assert his rights to that mark and warn those who want to use his trademark indiscriminately without permission, he will attach the word ™. This is a symbol use to distinguish your company’s products and services from those of other companies.

TM does not mean that it is a protected trademark. Therefore, if a trademark already protected, attaching TM to it will cause others to assume that it is an unprotected trademark.

Some individuals/organizations use the symbol SM instead of TM, this symbol interpret as the symbol TM, but SM means (Service Mark); when using SM, people understand the label. that mark a mark used for a class of services, not a class of goods.

Legally, In the event of a dispute or lawsuit, products with the ™ symbol will not protect in the same way as products bearing the R symbol because these products have registered for protection and protection by regulatory agencies. protection of rights and laws.

Is the product marked C, R, or TM better quality?

Accordingly, to the above meaning explanation; These symbols represent trademark protection. They are not meant to prove the quality of a product is better; or worse than products bearing other symbols. Therefore, these symbols should not rely on to evaluate a product. Consumers will often judge products based on quantity consumed; reliability; popularity of the product;…

Consulting service of LSX Lawfirm

Above is LSX Lawfirm’s advice on the content of the problem “Decoding the meaning of C, R, TM in trademark protection registration in Vietnam“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

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Basic rights of traders under Vietnamese law

Conditions for business in tourist accommodation establishments according to Vietnamese law

Term of protection of a well-known trademark in Vietnam

What are trademark infringements?

Accordingly, to Clause 1, Article 129 of the 2019 intellectual property law consolidation document; Trademark infringement acts include:
– Firstly, Using a sign identical to a protected trademark for the same list of registered goods and services;
– Secondly, Using signs identical to or similar to a protected mark for a list of similar or related registered goods and services, causes confusion about origin and origin;
– Thirdly, Use signs identical or similar to well-known trademarks.

How much is the fine for selling counterfeit goods of famous brands?

Accordingly, Article 11 of Decree 99/2013/ND-CP stipulates:
1. A warning or a fine of between VND 500,000 and 2,000,000 shall be imposed for one of the following acts for business purposes in case the value of infringing goods or services is up to VND 3,000,000:
a) Sale; Offer; transportation, including transit; keep; displaying for sale goods or services infringing upon rights to trademarks, trade names, geographical indications, industrial designs;
b) Ordering, assigning work, or hiring others to perform the acts specified at Point an of this Clause.
2. A fine of between VND 2,000,000 and 4,000,000 for one of the violations specified in Clause 1 of this Article in case the value of infringing goods or services is from over VND 3,000,000 to VND 5,000 .000 VND….
Accordingly, depending on the value of infringing goods; The fine can be up to 250,000,000 VND.

Contact LSX Lawfirm

Finally, hope this article is useful for you; answer the question: “Decoding the meaning of C, R, TM in trademark protection registration in Vietnam“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].