The registration of trademark protection is an activity aimed at determining ownership of a trademark used to distinguish goods and services of different organizations and individuals. Trademark registration represents an effective solution to ensure that other individuals and organizations can not violate the trademark of an individual or organization. As you can see, trademark registration brings many benefits to businesses. So, what are the benefits of trademark registration under Vietnamese legislation?
Legal ground
- Consolidated text 07/VBHN-VPQH
Benefits of trademark registration
After trademark registration, the law will completely protect you. Therefore, no individual or organization has the right to use the same trademark as yours in the same line of business. This ensures your product is exclusive in the market and minimizes consumer confusion.
Trademark infringement acts in a variety of ways. The most typical is to use logos, equivalent trademarks in the same business line. If your trademark is unregistered, it will be very difficult for you to get your rights back. On the contrary, the registration of trademark protection will be a solid legal basis to combat the above behavior.
Where products on the market provide the same function, trademarked products are often preferred by customers. This is the general shopping psychology of customers because trademarked products will reduce counterfeiting. At the same time, the registration of protection shows the professionalism of the supplier.
Why register a trademark protection?
Trademark is a sign to distinguish goods and services of individuals and organizations. This is to show who is the producer or service provider.
According to the law, the NOIP (The National Office of Intellectual Property of Vietnam) will refuse to register if the mark is likely to make confusion with another mark.
Registering trademark protection helps enterprises prevent their rivals rom using that mark to profit from the registered trademark. In case that an enterprise intentionally trades potentially misleading products with the trademarked, the trademark owner can initiate a lawsuit to claim compensation.
One of the competitive advantages in today’s developed economy is that businesses can build their brand’s reputation. The registration of trademark protection for enterprises not only promotes brand promotion activities but also creates trust in relationships with customers. On the other hand, the enterprise also has a legal basis to protect its interests against the illegal use of that mark.
Is it possible to not register a trademark?
In fact, the law does not requires companies to register a trademark. However, not registering for trademark protection means not determining your ownership rights to your brand. When there is another brand taking advantage of this trademark to make money, the company will have no legal basis and not be protected by law. As a result, this problem most likely leads to damage or even loss of brand. In other words, trademark registration is very important.
Advantages and Disadvantages of trademark registration
Advantages
- Products will be protected by law.
- Register a trademark for a product, that product will be promoted.
- Registering a trademark for a product will avoid confusion with other products.
- Trademark registration stimulates business development.
Disadvantages
- Difficulty in terminating the trademark registration for the product.
- Without considering the trademark carefully, It is easy to appear the possibility of registering another’s trademark, or speculating on trademark registration for products.
LSX Legal Firm’s Service on Registration of Trademark Protection
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Using our service, you do not need to do the paperwork yourself. We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application; submitting application or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Related articles
Term of protection of well-known trademark in Vietnam
Trademark registration under Vietnamese legislation
Reasons to register a trademark protection in Vietnam
Related questions
Firstly, submit dossiers for trademark registration
The application can be submitted in person or sent by post to the headquarters of the National Office of Intellectual Property of Vietnam.
Secondly, examination of dossiers’ formality
In case the application conforms to the law, the NOIP shall issue a decision to recognize the application is legitimate;
In contrast, The NOIP issues a notice of its intention to refuse the application; which clearly states the reasons and lacks that cause the application to be refused. Within 2 months if the applicant fails to correct the omission; unsatisfactory correction; no objections; objection is unwarranted, the NOIP shall issue a decision to refuse the application.
Thirdly, Publication. After receiving a decision to accept the application; the application then will be published in the Industrial Property Gazette.
Fourthly, content examination of dossiers. This phase evaluates the protection ability of the object stated in the application according to the protection conditions; thereby determining the respective scope of protection.
Fifthly, decide to accept/refuse to grant a protection title.
The trademark protection title is valid from the date of issue to the end of 10 years from the filing date. When it expires, the owner can extend it further, without limiting the number of extensions.
Contact LSX
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