Accordingly, under the competitive pressure of the open market, the issue of trademarks protection becomes extremely important. Although the issue of ensuring intellectual property rights in each country will exist certain differences; but do not diminish the importance of trademark protection. In this article, LSX will give you the answer on the importance of foreign trademarks protection 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.
Exclusive use of trademarks
When registering a foreign trademark, foreign investors may protect it fully. Thus, no individual or organization has the same right to use the trademarks as the owner. In fact, this helps boost the exclusiveness of the product and service in the market, contributes to minimizing consumers’ confusion.
Protect trademarks from infringement
Basically, there are various ways an individual could infringe on the trademark. Indeed, the most typical method is the use of logos and equivalent marks in the same field. Hence, without the protection of trademarks, foreign investors may find individuals damaging their intellectual property. Moreover, in that case, they might find it difficult to reclaim the rights. Therefore, having a trademark registration is a solid legal basis against infringement behaviors.
Enhancing the value of the products and services
Correspondingly, trademarks have the functions of showing commitment to quality, the indication of origin, brand advertising… So, it will give customers the basis to use the products and services; when comparing to many other similar products. Nonetheless, by protecting the trademarks, it is harder for individuals to fake your services and products, and this is a win in the eye of the consumers.
Right to self-defense
Thus the regulation of intellectual property law, the holder of trademarks has the right to Apply technological measures to prevent acts of infringing upon intellectual property rights; to request organizations and individuals committing acts of infringing upon intellectual property rights to stop infringing acts, apologize, make public corrections, and compensate for damage. Additionally, they could request competent state agencies to handle acts of infringing upon intellectual property rights; initiate a lawsuit to court or arbitration to protect their legitimate rights and interests.
Yes, they can. In case, foreign individuals do not permanently reside in Vietnam, foreign organizations and individuals do not have production and business establishments in Vietnam, must submit registration dossiers through their legal representatives is an industrial property representative organization) in Vietnam.
Normally, it will take 02-03 months from the date of payment of the fee for granting the Trademark Registration Certificate.
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.