Trademark is an internationally standardized term. The laws of most countries in the world provide a definition of a mark based on the specific conditions and circumstances of that country, so there are also differences. As a later developed country, Vietnamese legislators have absorbed the experience of developed countries to come up with a more general and inclusive concept. So about the matter “Foreign trademark registration service in Vietnam” Let’s find out with LSX in the article below.
- Law on Intellectual Property 2005, amended and supplemented in 2009
Conditions for trademark protection
First of all, in order for the trademark you want to trade to be protected, it must satisfy the conditions specified in Article 72 of the 2005 Intellectual Property Law, amended and supplemented in 2009 as follows:
“1. 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;
2. Being capable of distinguishing the goods or services of the mark owner from those of other subjects.”
In addition, such product mark must not violate the conditions specified in Article 73 of this Law, specifically:
“1. Signs identical or confusingly similar to the images of national flags and emblems of other countries;
2. Signs identical or confusingly similar to symbols, flags, badges, abbreviations and full names of state agencies, political organizations, socio-political organizations or organizations socio-political-professional, social organizations, socio-professional organizations of Vietnam and international organizations, without the permission of such agency or organization;
3. Signs identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, celebrities of Vietnam or abroad;
4. Signs identical or confusingly similar to the certification mark, inspection mark, or warranty mark of an international organization that such organization has requested may not be used, unless such organization has posted it itself. sign such marks as certification marks;
5. Signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services. “
And a registered trademark must also be distinctive and must not be confused with a trademark of a previously registered subject. Specifically, those signs fall into one of the cases specified in Clause 2, Article 74 of the Law on Intellectual Property 2005, as amended and supplemented in 2009.
When your product’s trademark meets the above conditions, then you can completely proceed with trademark registration to be granted a trademark protection certificate, the holder has the exclusive right to affix the trademark on his product, has the right to let others use it through a trademark license agreement, has the right to transfer trademark ownership, has the right to prevent any third party from infringing.
To save time and costs when registering a trademark, before registering, you can ask for help from intellectual property organizations to conduct a search for the possibility of trademark registration. The search results will be available within 7 working days and the required document is a sample of the trademark and product that you need to register.
Upon receiving the search results, if it is concluded that the trademark is registrable, you should proceed with the trademark registration immediately to get priority in filing the earliest application.
Foreign trademark registration service in Vietnam
Procedures and dossiers for trademark registration
– A declaration of request for a certificate of trademark registration (Declaration), made according to the Form issued by the National Office of Industrial Property, consisting of three (3) copies;
– Regulations on the use of trademarks, if the mark sought to be protected is a collective mark, including one (1) copy;
– Samples of trademarks, including fifteen (15) copies;
– A copy of the document certifying the legal business right (Business License or Business Registration Certificate, …), including one (1) copy;
– Documents confirming the legal right to file, if the applicant enjoys the right to file another person’s application (Inheritance Certificate, Certificate or Agreement on transfer of the right to file an application, including already filed application, Job assignment contract) or Labor Contract, …), consisting of one (1) copy;
– Power of attorney (if the applicant is not the applicant);
– A copy of the first application or the Certificate of exhibition, if the application contains a request for priority right under the international treaty, including one (1) copy;
– Document certifying origin, award, medal, if the label contains such information, including one (1) copy;
– A license from a competent authority, if there are special signs on the mark: name, symbol, flag, badge, seal of the agency or organization, including one (1) copy;
– Proof of payment of application fee, including one (1) copy.
The above documents must be submitted at the same time. Particularly, the following documents can be submitted within three (3) months from the date of application:
– Original Power of Attorney, if there are copies in the application;
– A copy of the first application or the Certificate of exhibition, if the application contains a request for priority rights under the international treaty, including a translation into Vietnamese.
Regulations on the declaration of request for a certificate of trademark registration
– The description of the mark in the declaration must clarify the distinctiveness of the mark, in which each constitutive element of the mark and the overall meaning of the mark must be clearly indicated. If the mark contains a word that is not in Vietnamese, the pronunciation (transliterated into Vietnamese) must be clearly stated, and if the word has meaning, the meaning must be translated into Vietnamese (according to the provisions of Point 7.3 and Point 7.3). 7.4 of Circular 01/2007/TT-BKHCN Guiding the implementation of Decree No. 103/2006/ND-CP of September 22, 2006 detailing and guiding the implementation of a number of articles of the Law on Property intellectual property rights).
– All documents of the application must be presented vertically (especially drawings, diagrams and tables can be presented horizontally) on one side of A4 size paper (210mm x 297mm), in which margins are allowed. on the four sides, each margin 20mm wide, except for supporting documents whose origin is not intended to be included in the application;
– If the words and words claimed for protection are presented in graphic form as distinguishing elements of the mark, the graphic form of such words and words must be described.
– If the mark contains numerals other than Arabic numerals or Roman numerals, it must be translated into Arabic numerals.
– If the mark consists of many separate parts but is used simultaneously on a product, the position of each part of that mark must be clearly stated on the product or product packaging.
– The list of goods and services bearing the mark in the Declaration must be consistent with the subheading according to the International Classification of Goods and Services (Nice IX).
– Samples of trademarks attached to the Declaration as well as other trademark samples are clearly presented with dimensions not exceeding the size (80 x 80) mm and the distance between the two closest points not less than 15 mm. .
– If color protection is required, the trademark sample must be presented in the correct color to be protected.
– If color protection is not required, all Trademark Samples must be presented in black and white.
– Documents must be typed or printed with indelible ink, in a clear, clean, unerased, unmodified manner; in case of detecting insignificant spelling errors in documents submitted to the NOIP, the applicant may correct such errors, but the corrected signature must be signed at the place of correction. (and stamp, if any) of the applicant;
– Terms used in the application must be common terms (do not use dialects, rare words, self-created words). Symbols, units of measurement, electronic fonts, and spelling rules used in the application must comply with Vietnamese standards.
Trademark examination process
An application for a Trademark Registration Certificate is subject to a formal examination to determine whether it meets the requirements of a valid application. If the application meets the requirements of a valid application, the NOIP shall certify the valid filing date, valid application number, priority date of the application and notify the applicant of the decision to accept the application.
The requirements of a valid application include: General requirements, specific requirements on form and requirements on the uniformity of industrial property applications.
The time limit for formal testing is 01 month from the date of application to the NOIP.
– Announcement of application:
All valid trademark applications are published by the National Office of Intellectual Property in the Industrial Property Official Gazette. This notice is published monthly. Anyone in need can request the National Office of Intellectual Property to provide a copy of the Official Gazette and have to pay to buy the Official Gazette.
Substantive examination is conducted when the application has been accepted as a valid application and the applicant has paid the prescribed fee for substantive examination. The time limit for substantive examination of a trademark application is 6 months from the date of publication.
The purpose of substantive examination of an application for a protection title is to determine whether the object stated in the application meets the protection standards prescribed by law.
– Issuance of Certificate of Trademark Registration, Registration:
Based on the results of substantive examination, if the object stated in the application meets the protection standards, the NOIP shall notify the applicant of the examination results and request the payment of registration fees and fees. fee for granting certificate of trademark registration, fee for publication of protection title
If the Applicant pays the above fees, the NOIP shall carry out the procedures for granting a Protection Title to the Applicant, registering and publishing the Protection Title. If the Applicant fails to pay the required fee, the application will be deemed withdrawn.
What should be done before registering for trademark protection?
Some points customers need to note for successful trademark registration:
– First need to have logo, brand;
– The mark will be refused registration if it is not capable of performing the distinguishing function of the mark;
– Trademark will be refused registration if it already belongs to another person:
+ It is identical or confusingly similar to another person’s trademark that has been registered or filed for registration earlier, or is considered well-known or widely recognized;
+ Identical or similar to objects already under the rights of others, including trade names, geographical indications, industrial designs, and copyrights.
+ Duplicate with proper names, symbols, images of countries, localities, famous people and organizations of Vietnam and abroad (unless permitted by competent agencies or individuals).
– Each trademark used for a certain product or service belongs to only one entity – the first applicant for registration. Therefore, before applying for registration, businesses need to make sure that the trademark they want to register does not belong to another person or no one else has filed an application for registration.
Look up the possibility of trademark registration
Once a trademark is available, customers should conduct a search before officially filing an application to assess the registrability of the trademark. The search results will show whether your company’s trademark is the same or similar to another’s trademark registered in Vietnam for the same or similar products. Moreover, the search results also help customers confirm whether the use of the mark up to the time of search is infringing the industrial property rights of another party or not.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Foreign trademark registration service in Vietnam”
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Foreign trademark registration service in Vietnam” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: email@example.com
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Frequently asked questions
Of course NO. The law only protects registered objects, except in the case of well-known trademarks. However, the criteria to determine the popularity of a trademark are still not standardized, there is no consensus among countries in the world, so to be sure to be protected, you should register for protection of your trademark.
ARE NOT. These are 2 different terms. Brand can be understood as a broader concept, which is all the intangible assets of an enterprise, including Patents, Certificates, etc. But in some cases, these two concepts understood in the same way.
According to historical records, swordsmiths from the Roman Empire are believed to have been the first to use the mark commercially (see details). They put symbols on their weapons to distinguish them from other people’s weapons. Later, the use of symbols to mark weapons was widely popularized and applied on other products such as gold, silver, coins, jewelry, ceramics, etc.