Regulations on collective trademarks under Vietnamese Law

by QuynhHuong

Accordingly, trademarks are very diverse, there are many ways to classify them; which are certification trademarks, well-known trademarks… In the following article, LSX will give you a brief on the “Regulations on collective trademarks under Vietnamese Law”!

  • Intellectual Property Law – Consolidated Document 07/VBHN-VPQH 2019

What are collective trademarks?

Basically, trademarks are signs that come from a mixture of images, not words or symbols; used to distinguish goods and services of these organizations and individuals from other organizations and individuals.

On the other hand, collective trademarks are marks; used to distinguish the goods and services of members of an organization. Being the owner of that mark with goods or services of an organization or individual who is not a member of that organization…

Right to register collective trademarks

Thus, Legally established collective organizations have the right to register trademarks for their members to use according to the usage regulations; for signs indicating the geographical origin of goods or services, the organization having the right to register is 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.

Reasons to register for collective trademarks

Following the provision of law, registering a collective mark will help members of that organization use it to market their products optimally. Organizations may find themselves gaining more advantages when you are just starting out in business, speeding up sales; thanks to the prestige that the organization or collective built before.

The protection of a collective mark is similar to that of ordinary protection. Specifically, the owner of this trademark also has the right to prevent unauthorized use of his trademark; otherwise, allow other people (members) to use the mark for products and services covered by protection; request competent state agencies to handle acts of trademark infringement, or sue in court for this act.

What does it take to register for a collective mark?

Regulations on the use of collective marks, including the following main contents:

  • Name, address, basis of establishment and operation of the organization being the trademark owner;
  • Criteria for becoming a member of a collective organization;
  • List of organizations and individuals permitted to use the mark;
  • Conditions for using the mark;
  • Measures to handle violations of regulations on trademark use.

Above is the answer to “Regulations on collective trademarks under Vietnamese Law”. In case are staying in this situation, please contact Lawyer X for quick and best legal services: 0833102102.

The validity of the collective mark protection title?

The validity of the protection title is ten years from the filing date, renewable for several consecutive times for ten years each time.

Is it possible to transfer the right to use a collective mark?

The right to use a collective mark may not be transferred to an organization or individual that is not a member of the owner of that mark.

When does a collective mark protection title expire?

A protection title shall be terminated in case the holder of the Trademark Registration Certificate fails to control or effectively control the implementation of the regulations on the use of that mark.

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