When investing in the Vietnam market, foreign investors may feel a need to register for the protection of their trademarks. Yet, the regulation on the issue may sound complex to those who are not familiar with Vietnamese legal regulation. Therefore, in this article; LSX will give you a brief on the regulations on the protection of foreign trademarks in Vietnam.
- 2005 Intellectual Property Law
Definition of trademarks
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.
Conditions for the protection of foreign trademarks
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.
Thus, these conditions also go with foreign trademarks; in case foreign investors may want to protect them legally.
Basically, the distinctiveness of a trademark appears by one or more recognizable and memorable elements or from many elements; that combine into a recognizable and memorable as a whole. However, the distinctiveness must fulfill the requirement in Clause 2, Article 74 Intellectual Property Law.
Non-protectable foreign trademarks
Nonetheless, trademarks must not fall into the following cases:
- Signs identical or confusingly similar to national flags and emblems of other countries
- 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
- Signs identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, famous people of Vietnam or abroad
- Signs identical or confusingly similar to certification marks, inspection marks or warranty marks of an international organization; unless such organization has posted it itself. sign such marks as certification marks
- Signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.
The protection of trademarks will last for 10 years and can be renewable.
Accordingly, a well-known trademark is a brand that is widely known by consumers throughout the territory of Vietnam.
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.