A trademark is a sign used to distinguish goods and services between different organizations and individuals. Therefore, in order to avoid being copied or imitated by other organizations and individuals, businesses need to register a trademark. In Vietnam, there are many disputes occurring related to this issue. So about the matter “International Trademark Registration under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Intellectual Property 2005, amended and supplemented 2009, 2019
What is a trademark?
– According to Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, a mark is interpreted as a sign used to distinguish goods and services of different organizations and individuals.
– According to Clause 3, Article 6 of the Intellectual Property Law, industrial property rights to a mark are established on the basis of a decision on grant of a protection title issued by a competent state agency according to the registration procedures prescribed in Clause 1 of this Article. Law on Intellectual Property or recognition of international registration under international treaties to which the Socialist Republic of Vietnam is a signatory.
Thus, the trademark of an organization, individual… can only be protected when that organization, individual… registers for trademark protection.
Trademark Registration Rights
According to Article 87 of the Law on Intellectual Property:
– Organizations and individuals have the right to register trademarks for goods they manufacture or services they provide.
– Organizations and individuals conducting lawful commercial activities have the right to register trademarks for products that they put on the market but are manufactured by others, provided that the manufacturers do not use such marks for products and do not object to such registration.
– A legally established collective organization has the right to register a collective mark for use by its members in accordance with the regulations on use of the collective mark; for signs indicating the geographical origin of goods or services, the organization has the right to register as a collective organization of organizations and individuals conducting production and business in that locality; for place names and other signs indicating the geographical origin of local specialties of Vietnam, the registration must be permitted by a competent state agency.
– Organizations with the function of controlling and certifying quality, characteristics, origin or other criteria related to goods and services have the right to register a certification mark provided that they do not conduct production or business;
For place names and other signs indicating the geographical origin of local specialties of Vietnam, the registration must be permitted by a competent state agency.
– Two or more organizations and individuals have the right to jointly register a mark to become co-owners with the following conditions:
+ The use of such mark must be on behalf of all co-owners or used for goods or services in which all co-owners are involved in the production and business process;
+ The use of such mark does not cause confusion to consumers about the origin of goods or services.
– Persons having the right to registration specified in Clauses 1, 2, 3, 4 and 5, Article 87 of the Law on Intellectual Property, including those who have filed registration applications, have the right to transfer the registration rights to other organizations or individuals in the form of a written contract, to inherit or inherit according to the provisions of law, provided that the organizations and individuals being transferred must satisfy the conditions applicable to the person with the corresponding registration right.
– For a mark protected in a country that is a contracting party to an international treaty that prohibits the representative or agent of the mark owner from registering such mark, which the Socialist Republic of Vietnam also If you are a member, that representative or agent is not allowed to register the mark without the consent of the trademark owner, unless there is a good reason.
International Trademark Registration under Vietnam law
In Vietnam as well as other countries around the world, the scope of trademark protection is carried out according to the territorial principle, which means that trademark registration in any country is only protected in that country.
International trademark registration is an important measure to help businesses protect their rights and interests in promoting and introducing their goods and services to countries in the region and around the world.
International trademark registration is a legal basis for businesses to protect their trademarks, partly to help businesses avoid counterfeiting or counterfeiting of poor quality goods that affect their reputation; This is the basis for businesses to have the exclusive right to use their trademark internationally.
For example: Company A manufactures goods and has its head office in Vietnam. Goods produced by company A are exported and consumed in the Japanese market.
Company A registers this trademark in Japan to avoid having its trademark infringed by other parties in Japan.
Registration form:
Owners can choose one of the following international trademark registration forms:
• File a trademark application directly in the country where it is intended to be registered;
• Apply for trademark registration under the Madrid system (registered under the Madrid protocol or under the Madrid agreement) through the National Office of Intellectual Property of Vietnam
Registering international trademarks directly abroad
Each country has its own regulations regarding the procedure for filing a trademark application for a foreign applicant. However, there will be basically the following things in common:
Registration Profile
• Sample of trademark to be registered.
• List of branded products (in Vietnamese and English).
• Applicant information (in Vietnamese and English).
• Documents applying for priority right (if any);
• Authorization letter.
• Trademark has been used (Use-in-commerce).
• Intent-to-use trademark.
• Intent-to-use based on existing foreign registration.
• Intent to use the mark based on a foreign trademark application (Intent-to-use based on pending foreign registration).
Registration procedure
The registration of a mark in countries usually follows the following stages: Filing – Reviewing the form of the application – Publication of the application – Reviewing the content – Granting a protection title or rejecting it.
Processing time: About 12-24 months.
Term of trademark protection: Most countries protect trademarks for 10 years and can be renewed many times.
International trademark registration under Madrid system
The Madrid system is an international trademark registration system administered by the World Intellectual Property Organization (WIPO). The Madrid system, which facilitates the registration of trademarks in many countries around the world at the same time. This system is governed by two main documents, the Madrid Agreement and the Madrid Protocol.
International registration of trademarks under the Madrid system is used by many businesses because of the simple procedure, saving time and costs…
Registration Profile
• A copy of the Declaration of Request for a Certificate of Basic Trademark Registration (applicable to the case of filing an application under the Madrid Protocol).
• Notarized copy of Certificate of Business Registration (if it is an organization).
• Notarized copy of Passport (if individual).
• Trademark sample (registered in Vietnam).
• List of goods and services bearing the mark.
• Power of attorney to carry out the procedure (if the application is submitted through a representative).
• Documents proving the right to register, if the applicant enjoys that right of another person.
• Documents proving the right of priority (if any)
• An undertaking to use the mark in the country where protection is requested (in case of designation in Singapore, Ireland, the United Kingdom and the United States).
Registration procedures through the National Office of Intellectual Property of Vietnam
Step 1: File an international trademark application
An application for international trademark registration will be submitted to the International Office of WIPO through the National Office of Intellectual Property of Vietnam.
NOIP will examine and transfer the application to the International Office within 30 days from the date of receipt of a valid application.
Step 2: Appraisal of application
• In case WIPO receives a registration application within no more than 02 months from the date of filing at the National Office of Intellectual Property, the international filing date shall be counted as the filing date in Vietnam. In case of more than 02 months, the date of receipt of the application at the International Office shall be counted as the date of filing the international trademark registration application.
• WIPO examines the form of the application. If it is valid, the application will be translated into other languages and published in the Industrial Property Official Gazette.
• The application is then submitted to the Trademark Registration Office of the Member States designated for protection and sets a start date for the review period to be considered by those countries.
• If WIPO does not receive any response after the examination period has passed, the mark is considered valid in those countries.
Step 3: Announce the result of trademark registration application
Services of LSX
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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.
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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 “International Trademark Registration under Vietnam law”
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Frequently asked questions
The Intellectual Property Law does not give a specific definition of what a trademark registration is, but based on the provisions of this Law, it can be simply understood that trademark registration is a procedure that individuals and organizations need. done to establish its industrial property rights to that mark.
According to Clause 3, Article 6 of the Intellectual Property Law, the establishment of industrial property rights to a mark is expressed through the decision to grant a protection title by a competent Vietnamese state agency or to recognize the registration of a trademark. international treaties to which Vietnam is a contracting party, unless the mark is a well-known mark.
Trademark registration is not a mandatory requirement but a right, so organizations and individuals may or may not register when using that mark.
In fact, it’s not uncommon for well-known brands to be copied or imitated with similar or similar designs and designs, confusing and misleading consumers. This not only hurts the economy and brand value of the business, but can also adversely affect consumers.
Therefore, trademark registration is essential and important for the sustainable development of enterprises. Here are some benefits of trademark registration.
Pursuant to Article 87 of the Intellectual Property Law, the following individuals and organizations will have the right to register trademarks:
Trademarks for goods or services
Organizations and individuals have the right to register trademarks for goods they produce or services they provide.
Trademarks for products that individuals or organizations put on the market but are produced by others
Organizations and individuals conducting lawful commercial activities have the right to register trademarks for products that they put on the market but are produced by others, provided that the manufacturers do not use such marks for products and does not object to such registration.
Conclusion: So the above is International Trademark Registration under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
