When having a trading name, businesses may wish to protect it legally. In fact, in Vietnam, any trade name will need to fulfill the requirements of the law; in order to register protection. So, what are the protection conditions for trade names in Vietnam? Let’s find out in this article.
- 2005 Intellectual Property Law
Definition of trade names
Accordingly, a trade name is the name of an organization; or individual used in business activities to distinguish a business entity; bearing that name from other business entities in the same business field and area.
As a matter of fact, a business area is a geographical area; where a business entity has clients, customers, or a reputation. So, the purpose of using trade names is to perform an act for commercial purposes; such as showing a trade name in transaction documents, signs, products, etc. goods, goods packaging, and means of service provision and advertising.
Conditions for the protection of trade names
Hence the provision of the IP law, trade names could only be protected; if fulfill the following conditions:
- Firstly, being able to distinguish between a business entity bearing that name and another business entity
- Secondly, contains a proper name element, unless otherwise well known
- Thirdly, not identical or similar to a trade name that other people have in the same field and business area
- Lastly, not identical or confusingly similar to another’s trademark; or to a geographical indication that was protected prior to the date the trade name exist.
Thus the IP law, name of a state agency, political organization, socio-political organization, socio-political-professional organization, social organization; socio-professional organization, or other entity unrelated to business activities are unprotectable in the case of trade names.
Acts of infringing rights to trade names
Basically, any act of using a trade indication identical or similar to another’s trade names that are in use; before for the same product or service or for a similar product or services, causing confusion about the business entity will infringe the rights to trade names.
Trade name owners have the right to:
– Using trade names for business purposes;
– Show that trade name in transaction documents, goods, product packaging, advertising;
– Transfer of a trade name to another person;
– To request competent State agencies to handle acts of violating trade names.
Trade names are protected as long as the owner of the trade name is still doing business under that name.