Each organization and business builds and designs their own logo to make an impression on the market. Logo is the first and most important element to identify organizations and businesses, helping customers distinguish organizations and businesses from each other. So, especially foreign businesses, what should be done to be protected by Vietnamese law for logos? Join Lawyer X to learn about registration for protection of foreign brand logos in Vietnam through the article below.
Law on Intellectual Property 2005, amended and supplemented in 2009
Exclusive brand logo is understood that only the owner of the logo is legally entitled to use that logo in the course of trading in products and services that have been registered for exclusive logo protection.
Benefits of trademark logo registration
Create a legal basis for businesses to have the exclusive right to use the brand’s logo. Law enforcement agencies only proceed to protect the logo once the logo has been registered and has been issued a certificate of registration by the registrar. Therefore, you are protected by law only when you can prove legal ownership of the logo, and to prove that right, you must register.
It is the basis to prevent and handle the parties infringing the brand logo. Only upon registration will you have exclusive rights to use and prevent any infringement of the rights to the registered logo. At the same time, request the party infringing the brand logo to stop infringing or request the authorities to handle according to regulations.
Registering an exclusive trademark logo will create prestige and enhance the professionalism of the business. The exclusive registration will prove to customers and partners that the business has a sustainable and long-term development plan, thereby building the necessary trust.
A product with a logo can grow for hundreds of years, in fact proving the very long history of a product’s development. Therefore, when registered and protected, you are completely assured to be able to develop that product on the market.
Consequences of not registering a trademark logo
Do not have exclusive rights to brand logos
No property rights to the brand logo
It is possible that other individuals or organizations may lose their trademark logos
Reputation and reputation may be affected by someone using the brand logo to do business, provide poor quality services, or violate the law.
Address for registration of exclusive brand logo
To register an exclusive brand logo, individuals and organizations must submit a registration declaration at the National Office of Intellectual Property.
After the declaration is filed in accordance with regulations, the NOIP will consider whether the logo of the brand is eligible for protection before making a decision in writing to accept or refuse exclusive protection for the trademark. logos.
According to the provisions of Article 87 of the Intellectual Property Law, both organizations (including types of businesses, …) and individuals have the right to register their own proprietary logos and trademarks.
After submission, the application for exclusive logo registration will go through the following stages: application examination; verify the form of the registration application; publication of registration applications; verify the content of the registration application; grant or refuse an application for an exclusive logo.
In case the logo registration application is eligible for protection, the National Office of Intellectual Property will issue a notice of granting an exclusive logo registration certificate to the owner.
Procedures for registration of exclusive brand logos
The procedure to register for logo protection according to the latest regulations in 2022 is carried out according to the following steps:
Step 1: Prepare documents for registration of logo protection
Register an exclusive logo in the form of copyright registration
Declaration of copyright registration (according to the form);
Two copies of the copyrighted work;
Power of attorney, if the applicant is an authorized person;
Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
Written consent of co-authors, if the work has co-authors;
Written consent of the co-owners, if the copyright is jointly owned.
Register an exclusive logo in the form of trademark registration
Registration logo form (must be clearly shown in color, design lines; cubes, maximum size of the mark 8x8cm, minimum 2x2cm).
Trademark registration declaration.
Step 2: Submit your application
Submit application for copyright registration:
Filed at the Copyright Office;
Or the Department of Culture, Sports and Tourism where the author, the owner resides/ is headquartered.
After 15 working days from the date of receipt of the registration dossier, the Copyright Office will issue a certificate of copyright registration.
Filing for trademark registration:
Filed directly at the National Office of Intellectual Property;
Or 02 representative offices of the National Office of Intellectual Property in Ho Chi Minh and Da Nang.
In addition, it can be submitted online through the Online Portal of the National Office of Intellectual Property.
Step 3: Wait for the results
Formal examination time limit: 01 month from the date of application submission. Time limit for publication of a trademark registration application: 02 months from the date of issuance of a decision on acceptance of a valid application. Time limit for substantive examination: 09 months from the date of application publication.
Time limit for grant of diplomas: 02-03 months from the date of payment of diploma fees.
Dossier for registration of trademark protection
Register in the form of copyright
Pursuant to Article 50 of the Intellectual Property Law, in order to register a logo, the owner needs to prepare the following documents:
Declaration (application) for registration of exclusive logo;
The decision to assign a job or hire a logo design contract or declare copyright (in case the logo owner is not concurrently the creator of the logo);
Letter of undertaking from the creator of the logo;
Author’s statement about the owner of the work (if the author is also the owner of the work)
Identity card/identity card/passport of the creator of the logo (copy)
Business registration / identity card / establishment decision of the logo owner (copy)
Two color prints of the logo with the owner’s signature (if the owner is an individual) or the company’s signature and seal (if the owner is a Company)
Declaration of trademark registration (logo) according to the form of NOIP;
Group of products/services for which the logo wants to be registered exclusively;
05 samples of logos (brands) printed on A4 paper;
Power of attorney or authorization contract of the owner;
Other relevant documents (if any)
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 “Protection of foreign brand logos in Vietnam”
The above article has provided detailed information related to the issue “Protection of foreign brand logos 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: firstname.lastname@example.org
Please see more
- Dissolution of foreign-invested enterprises in Vietnam
- Register the ownership of the logo by the laws of Vietnam
- How to register a foreign logo in Vietnam?
Frequently asked questions
The cost of registering an exclusive logo depends on the form of logo registration (registered as copyright or registered as a trademark).
Basically the cost of registration is as follows:
– Cost of logo registration in the form of copyright: 2,500,000 VND (two million five hundred thousand VND)
– The cost of the logo in the form of trademark registration (1 trademark/1 group of products/services) will be: 3,500,000 VND (including logo lookup fee, application fee, certification fee) exclusive registration)
Note: The above costs include service fees and state fees but do not include 5% VAT
Time to register a logo in the form of a trademark will be divided into several stages in the course of work and is calculated as follows:
Prepare documents and submit application: 1-2 days
Formal examination of the application: 1-2 months from the date of application
Posting in the Industrial Property Official Gazette about the application status: 1 month after formality examination
Substantive examination of the application: 9-12 months
Issue a notice of issuance of registration certificate: 1-2 months
Thus, the total time from submitting the application to receiving the registration certificate will be about 12-16 months. However, the actual time will be around 22-28 months (due to the large number of actual applications).