Currently, individuals and organizations have consciously actively registered their logos to avoid unnecessary risks. However, in order for a logo to be registered with the competent authority, it must meet the prescribed conditions. So, what are the conditions for logo registration? Today, LSX Lawfirm will give you an article about “Conditions for logo registration in accordance with Vietnamese law 2022”, as follows:
Legal grounds
Intellectual property law
Logo registration forms
According to the provisions of the Intellectual Property Law, a logo is an object of protection of intellectual property rights under two types:
– Visual and applied artworks (Point g, Clause 1, Article 14 of the Intellectual Property Law)
– Trademarks (Clause 16, Article 4 of the Intellectual Property Law)
You can register your logo under one of the above two objects, which:
– The level of protection for applied artworks is weaker than that of trademarks because only when another enterprise has the same logo or to the maximum extent, that person will be infringed upon copyright. A trademark with only identical or similar signs has been infringed.
– A trademark is only protected when the owner registers the mark at the National Office of Intellectual Property according to the principle of belonging to the first applicant. The logo is automatically protected when the work is completed.
Based on the purpose of using the logo, the owner can choose to register a copyright or register a trademark. Or to ensure the best benefit, you can register for both these procedures.
Why is it necessary to register a logo?
When registering a logo, the owner will get the following benefits:
- Establishment of intellectual property rights to avoid infringement by other individuals; and organizations from the time of filing the protection registration application: If other administrative procedures; the rights, and obligations of participants established. Since the license or certificate granted, intellectual property rights – logo rights established; right from the time of application: if many people register the same; or similar trademark with each other to the point of confusion; for identical or similar products or services, a protection title may only granted; to a valid application having the earliest priority or filing date among those applications that satisfy the conditions for granted a protection title; The validity of the Trademark Registration Certificate counted from the filing date.
- Secondly, Earning profits from the transfer and transfer of the right to use trademarks – logos: logos are the intellectual property of individuals and organizations, therefore, individuals and organizations have the full right to dispose of the right to use the logo through cooperation, transfer, etc. to bring in other profits from business activities.
In addition
- Thirdly, As a positioning factor to increase the value of goods and services in the market: the logo is also one of the influences that affect customers’ decision to choose products and services. However, the degree of influence is different in different market segments, the more similar products and services can substituted for each other, the greater the influence of the logo. to the greater tendency of customers to choose.
- Finally, As the basis for claiming damages for individuals and organizations that infringe on the logo: The certificate of trademark registration is the basis for proving intellectual property rights to request the infringing party to stop the act of infringing. offense, apology, public correction; perform a civil obligation … when the individual or organization that is the owner of the logo suffers material and spiritual damage caused by the infringement.
Conditions for logo registration
The logo understood as part of the trademark. The law stipulates the conditions for trademark protection as follows:
General conditions for logos to be registered for protection
According to Article 72 of the Law on Intellectual Property:
“Article 72. General conditions for protected marks Trademarks protected if the following conditions met:
1. Is a visible sign in the form of letters, words, drawings, or images; including holograms or a combination of such elements, represented by one or more colors;
2. Being capable of distinguishing the goods and services of the mark owner from those of other subjects”.
Thus, to meet the protection conditions, logo registration needs to meet the following requirements:
A sign that is visible in the form of drawings, or images; including three-dimensional figures or a combination of these elements, represented by one or more colors;
Distinguishable (not identical or confusingly similar to another logo) for the same service provider.
Logos are protected in the form of copyright (applied artwork) if the following conditions are met:
- Firstly, Creativity or originality is a work that directly created by the author, first created, independently and not copied from another person’s work.
- Secondly, expressed in a certain material form, a work of applied art will not protected if it is in the form of an idea but must shaped in a certain material form (also known as materialization). ) such as carved on cabinets, painted or printed on packages, shaped on ceramics, etc.
Logos are not eligible for registration
According to the provisions of the Intellectual Property Law, logos that are not eligible for registration are as follows:
- Firstly, The logo is identical or confusingly similar to the national flags and emblems of other countries;
- Secondly, Logos identical or confusingly similar to symbols, flags, badges, abbreviations, full names of state agencies, political organizations, socio-political organizations, socio-political organizations socio-professional organizations, social organizations, socio-professional organizations of Vietnam and international organizations, without the permission of such agencies or organizations;
- Thirdly, The logo is identical or confusingly similar to the real name, nickname, pseudonym, image of a leader, national hero, famous person of Vietnam or a foreign country;
- Then A logo identical or confusingly similar to the certification mark, inspection mark, or warranty mark of an international organization requested by such organization may not used, unless the same organization registers the certification logo. take;
- Finally, Logos that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.
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 logo to copied and taken advantage of by competitors. Meanwhile, the logo protection registration process with many procedures, if businesses do it themselves, will face many risks. Using the registration service to protect the Logo of Lawyer X will make you feel secure in each stage of implementation:
- Advice on the most necessary documents and procedures for the registration of Logo protection.
- Consulting the form of registration for logo protection in accordance with the requirements of customers.
- Compilation of registration documents; provide 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 and charges.
- On behalf of the client to monitor the processing of records.
- Supplement or correct the dossier at the request of the specialist in charge of the application (if any).
- Receive all kinds of logo protection registration certificates and hand them over to customers.
- Make an appeal against the decision to refuse to grant the certificate (if any). Consulting on handling violations of registered logo rights (if any).
Fee for registration of logo protection service of Lawyer X
Service costs are what customers care about. But, don’t worry, because the price we offer guaranteed to be suitable for each specific case. Helping you to save maximum costs when using our services. Please refer to our logo and trademark registration service table
Related article
- Experience of logo registration in Vietnam that you should know
- Registering exclusive brand logo by the law of Vietnam
- Notes when buying a co-owned house in Vietnam
Related questions
Without registering a logo, businesses face many problems such as:
– Firstly, It is difficult to prove the logo as a work of applied art to claim protection from the time of its formation;
– Secondly, Difficult to exploit the benefits with the logo: the transfer of rights, capital contribution with the right logo is difficult to implement because there is no basis for establishing clear rights;
– Thirdly, Facing other personal problems using the same logo, causing confusion, losing market share and reputation of the business, and there is no mechanism to request handling of infringing acts.
Logos or trademarks are intended to support the owner in the business and production process, so it is not a mandatory condition for the business to operate.
According to Clause 13, Article 1 of the Intellectual Property Law, “Organizations and individuals have the right to register trademarks for the goods they produce or the services they provide.” Pursuant to the above provisions, individuals can proceed with copyright registration for logos designed by themselves.
Contact LSX Lawfirm
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