When registering for trademark protection, looking up trademarks make up an important part of the procedure. So, how to look up trademark under Vietnamese Law? LSX will give you the answer in this article.
Legal ground
- 2005 Intellectual Property Law
Definition of trademark
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.
Online trademark protection research
Firstly, individuals and organizations access the trademark search address: Dieu kien tim kiem nhan hieu (noip.gov.vn).
Secondly, enter the trademark information into the search box and enter image classification box; in case it is an image label.
Then, enter product/service group information in the product/service group box and product/service name information. After entering all the above information, click on the search button.
The results will be returned for customers to refer to and evaluate whether the trademark they look up is the same or similar to another’s trademark or not.
However, the trademark search in this form is for reference only and the results are only 50% accurate because the above online data is unapplicable by the time of filing.
Advanced trademark search
Advanced trademark search is a method contain the “assistance” of experts at the National Office of Intellectual Property of Vietnam. In fact, to conduct an advanced trademark search, the customer will authorize an intellectual property right representative organization to work with an expert to conduct the submission of the trademark search dossier to the expert; who will directly search on the database of the National Office of Intellectual Property of Vietnam.
With this search method, the search results can assess over 90% of the trademark’s ability
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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.
The protection of trademarks will last for 10 years and can be renewable.
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.
Conclusion: So the above is How to look up trademark under Vietnamese Law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
