Practically, using a trade name means performing an act for commercial purposes. Indeed, trade names mostly appear in transaction documents, signs, products, etc. goods, goods packaging; and means of services provision and advertising. Yet, if one wishes to protect its trade names, he/she must carry out the procedure following the law. So, what is the dossier for the registration for trade names protection in Vietnam? LSX will give you a brief in this article.
Legal ground
- 2005 Intellectual Property Law
Definition of trade names
Accordingly, a trade name is the name of an organization or individual used in business activities to distinguish a business entity; bearing that name from other business entities in the same business field and area.
Dossier for the registration for trade names protection
Basically, not all trade names need to register for protection; the legal use of that trade name will give rise to the rights to the trade name; without going through the procedure of registering for protection of the trade name.
However, to fully protect this property, businesses should register for protection in the form of an exclusive trademark. This means that the mark contains the company’s trade name. In fact, the dossier for the registration, in this case, will contain:
- Declaration declaration declaration sign the trademark (02 copies);
- Trademark samples (05 samples of size 80 x 80 mm) and list of goods and services bearing the mark;
- Power of Attorney (if applying through a representative).
Above is the dossier for the registration for trade names protection in Vietnam. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
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Hence the provision of the IP law, trade names could only be protected; if fulfill the following conditions:
Firstly, being able to distinguish between a business entity bearing that name and another business entity
Secondly, contains a proper name element, unless otherwise well known
Thirdly, not identical or similar to a trade name that other people have in the same field and business area
Lastly, not identical or confusingly similar to another’s trademark; or to a geographical indication that was protected prior to the date the trade name exist.
Trade names are protected as long as the owner of the trade name is still doing business under that name.
Conclusion: So the above is Dossier for the registration for trade names protection in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
