Registering a company logo is a must-do after the company goes into operation. Each company will have its own logo to represent its business. Logo can also be attached directly to the product/service that the company provides. From there, help customers know what products/services of Company A are and which are products/services of Company B. So do you need to register your company logo? What are the risks if you do not register your business? To better understand this, today, LSX Lawfirm will give you an article about “Do you need to register your company logo in Vietnam?“, as follows:
Legal grounds
Law on Intellectual Property 2005 revised 2009
Do you need to register your company logo?
From a legal perspective, a logo is part of a trademark.
In Clause 16, Article 4 of the Law on Intellectual Property 2005 (amended 2009):
Trademark is a sign used to distinguish goods and services of different organizations and individuals. Trademark means a word or phrase, often just a sketched character or image, or a distinctive symbol of an individual or company (logo). Basically, a trademark is also the trademark of its owner, helping customers identify your own business.
Especially, in the competitive field, a logo plays an extremely important role. In the era of the market economy, counterfeiting activities and unfair competition occur frequently. If you do not have your own identification mark, it is inevitable to bear legal risks.
Is it mandatory to have a logo to do business?
As analyzed, 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.
In the Enterprise Law 2019, the following conditions will be mandatory for each enterprise:
– Firstly, the Conditions of subject
– Secondly, Conditions on business lines and professions for registration
– Thirdly, Conditions for enterprise establishment capital
– Fourthly, Conditions on the business name
– Fifthly, Conditions for the head office of the enterprise
– Finally, the Requirements for application documents and business registration fees
The registration of a logo is meant to protect the intellectual property rights of your trademark, through the industrial property registration procedure.
Benefits of registering a company logo for individuals and businesses
– Firstly, Through the logo, consumers will easily identify individuals and businesses providing products and services, from which they can rest assured and trust to use.
– Secondly, Building credibility with consumers through communication and marketing campaigns that businesses launch.
– Thirdly, Exclusive use of registered logo throughout the territory of Vietnam. Therefore, preventing any infringement of intellectual property rights for 3rd parties.
Registering a logo helps to increase sales and profits for individuals and businesses in the present and in the future, including the sale of rights to use and transfer of trademarks.
– Finally, Attracting investment: Once a well-known brand has been built (the logo is also a contributing factor to the brand), investors will not be afraid to pour capital into the business, and partners will also be willing to cooperate with investors. business cooperation. This helps individuals and organizations to quickly and sustainably expand their business scale.
Procedure to register company logo
Step 1: Design the company logo that needs to be registered
This is the first foundation stage of the trademark registration procedure. It is the basis for the next phase. After naming the brand, the logo design comes along. The business has a complete brand logo.
Currently, the number of new trademark registration applications filed at the NOIP increasing (on average over the last 2 years, about 38,000 applications are filed each year). With such a large number of orders, the branding and logo design needs to be very careful. Logos need to build based on the owner’s creative ideas with differences and creativity compared to existing brands and logos to avoid overlapping and similarity.
Step 2: Determine the scope of logo protection and look up the logo.
After completing the logo design and determining the choice of logo template to register, the business will next need to conduct a logo search procedure before deciding and filing a trademark application.
Before conducting a logo lookup, businesses need to determine what field the brand logo will use for? Make a product or provide a service. On that basis classify groups of products/services.
For example, the trademark “Richy” intend to use as a trademark for cakes and rice cakes. According to the List of International Goods Classification, the group classification to register is Group 30.
In the process of choosing the classification of registered goods and services, when asked what product or service you plan to use the logo for, many customers answered in general that it was for businesses. However, it should note that the scope of rights of a trademark owner will depend on the product/service, and it is not possible to register a “generic” logo as understood by some customers.
For example Trademark “Honda” will register for land vehicle products and this Trademark only protected for transportation products such as cars, motorbikes/
After identifying the group of goods/services, the enterprise needs to conduct a logo lookup to review and evaluate the logo’s ability to register for protection. There are 02 ways to look up
Free logo lookup:
Look up data published by the NOIP on the Digital Library on Industrial Property (accurate result 40%)
And Look up the official logo:
Look up directly at the National Office of Intellectual Property (the result is accurate to 90%).
Service of registering company logo of Lawyer X
Currently, the registration of the company logo is very popular. However, not all business owners have adequate knowledge of intellectual property law in general; and knowledge about the procedures and order of company logo registration in particular. Therefore, causing unnecessary losses and risks such as:
The business market is always a highly competitive, high-risk market. The delay in the process of registering the company logo will cause the logo to copy and taken advantage of by competitors.
The process of registering for the protection of a company logo includes many steps and takes a long time. So the more you delay, the more risks and losses you will create.
When using the service, lawyers can advise, exchange and support customers in the best way. Contribute to the smooth, fast and efficient registration process.
Benefits Lawyer X brings to clients
- Using the services of a lawyer; We guarantee to help you prepare documents effectively and legally. You do not need to do the paperwork yourself.
- Using the company logo registration service of Lawyer X will save you time. You will not have to waste time preparing the application; submitting the application or receiving processing results. At those stages, we will help you do it smoothly.
- Service costs are what customers care about. But, don’t worry, because the price we offer is guaranteed to be suitable for each specific case. Helping you to save maximum costs when using our services.
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Related questions
In Vietnam, individuals/organizations/enterprises can register their exclusive logos in the following forms: Carry out trademark registration procedures at the National Office of Intellectual Property; Carry out procedures for copyright registration at the Copyright Office;
Registering an exclusive logo is the best way to protect the owner’s ownership of the logo. After the owner is granted a certificate, the owner’s ownership of the logo will be protected by law.
15 working days from the date of receipt of complete and valid dossiers.
Contact LSX Lawfirm
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