When registering for the protection of trademarks in Vietnam, the trademarks must fulfill some specific requirements. Accordingly, each type of intellectual property may have different conditions; following the regulation of IP law. In this article, LSX will explain the conditions for trademarks to be protected in Vietnam.
- 2005 Intellectual Property Law
Definition of trademarks
Accordingly, trademarks are signs to distinguish goods, services of different organizations, individuals. In fact, signs used as trademarks must be visible signs in the form of letters, words, images, drawings, or a combination of such elements represented by one or more colors.
Conditions for the protection of foreign trademarks
Hence the regulations of Intellectual Property Law, trademarks need to meet the following conditions:
- A visible sign in the form of letters, words, drawings, images, including holograms or a combination of such elements, represented by one or more colors
- Having the ability to distinguish goods and services of the mark owner from those of other subjects.
Thus, these conditions also go with foreign trademarks; in case foreign investors may want to protect them legally.
Conditions on trademarks distinctiveness
Basically, the distinctiveness of a trademark appears by one or more recognizable and memorable elements or from many elements; that combine into a recognizable and memorable as a whole. However, the distinctiveness must fulfill the requirement in Clause 2, Article 74 Intellectual Property Law.
Specifically, the trademarks must not fall into the following case
Trademarks from well-known signs
- Simple geometric figures and figures, numerals, letters and words in uncommon languages
- Conventional signs, symbols, drawings or common names of goods or services in any language that is popular and well-known
- A sign indicating time, place, production method, type, quantity, quality, nature, composition, use, value or other characteristics that are descriptive of goods or services; except where it has its distinctiveness through use prior to the filing of the trademark application
- Signs describing the legal form and business field of the business entity
Trademarks that coincide with the other types of marks
- A sign indicating the geographical origin of goods or services, unless those marks are popular as a mark or registered as a collective mark or certification mark
- A sign that is not an associate mark is identical or confusingly similar to a registered mark for identical or similar goods or services
- Signs identical or confusingly similar to another person’s well-known mark or similar goods or services prior to the filing date or priority date; in case the application enjoys the right of priority
- The sign is identical or confusingly similar to another person’s trademark registered for identical or similar goods or services; for which terminated period of the marks were less than five years.
- Signs that are identical or confusingly similar to a well-known mark; in case the use of such sign may affect the distinctiveness of a well-known mark or the registration of the mark will take advantage of the reputation of the famouse one
Coinciding with the other types of intellectual properties
- A sign identical or similar to others’ trade names; in case the use of such sign may cause confusion to consumers about the origin of goods or services
- A sign that is identical or similar to a protected geographical indication; in case the use of such sign may lead consumers to misunderstand the geographical origin of the goods
- The sign coincides with a geographical indication or contains a geographical indication or is translated or transcribed from the geographical indication for wine or spirits; in case the trade names appear in wine spirits that do not originate from the geographical area bearing the geographical indication
- Signs identical with or not significantly different from industrial designs of others; shall be protected on the basis of industrial design registration applications; with filing dates or priority dates earlier than the filing and priority dates of the industrial design. trademark registration application
Yes, in fact, a collective mark under Vietnamese Law is a mark used to distinguish the goods and services of members of the organization that is the owner of the mark from those of organizations or individuals who are not members of the organization. that position.
Accordingly, a well-known trademark is a brand that is widely known by consumers throughout the territory of Vietnam.
The protection of trademarks will last for 10 years and can be renewable.