An enterprise can have many trademarks for many different goods and markets. However, successful brands are often long-standing brands that are trusted by many people. Therefore, enterprises should focus on promoting, not changing brands. In this article, LSX legal firm will give you information about: “What should be kept in mind when designing a brand in Vietnam?”
Legal ground
- Law on Intellectual Property 2015 amended and supplemented in 2019
Brand Design
Brand, as well as trademark, represent the first important factor that helps to affirm the sustainable development of the business. Therefore, owning an impressive and professional logo as soon as possible benefits you in building a brand appearance.
In terms of identifying any brand in the world, for an organization or individual, having a Logo makes it easy to introduce a good and deep impression on a customer. First of all, newly established companies, businesses, shops, stores, etc always think of having a suitable logo for their own identity.
Therefore, logo design means an extremely important and indispensable step to build a long-lasting, professional, and sustainable brand.
In Vietnam, most businesses do not pay enough attention to logo design; often poorly designed. Indeed, some business owners make logos just to pass the procedure, leading to inartistic, not specific to the industry, and fail in business.
A trademark with commercial value must be a sign that attracts the public’s attention, especially it must appeal to the potential customers that the business intends to conquer. To achieve this goal, the brand must be easy to pronounce, easy to remember and make a strong impression on the audience it is aiming for.
A trademark that is easy to protect must be a sign of strong distinguishing character, that is, that distinction must be clear and non-controversial, not confusing, and not misleading about the origin and nature of products/services. Most importantly, the signs must not confusingly similar to other protected trademarks.
Note when designing a brand
brand elements
Trademarks according to Vietnamese law must be visible signs, so identified marks can be letters, words, images, or drawings. On the other hand, although taste and sound can be a sign to distinguish goods and services of different organizations and individuals, it is not recognized as an element of a mark and is not protected by the Vietnamese legislation.
Notes about the colors when registering Trademarks
According to the provisions of the law of Vietnam on Intellectual Property, there are no specific provisions on the protection scope of black and white trademarks and color trademarks, as well as registration of black and white trademarks or registration of color trademarks that offer absolute rights for application owners. However, trademark protection practices in Vietnam allow a trademark to be registered in black-and-white format to be used in different color formats, as long as the letter/image contents of the trademarks remain intact and do not infringe on the rights of another black-and-white or color trademark of another person which is already registered.
How to create a new brand?
The number of brands currently existing in the world in a huge number. Creating new trademarks and protecting them now becoming more and more difficult and complex, requiring a higher level of expertise.
Creating a new brand means a big and complicated issue related to the production and business policies of each enterprise. But in general, when creating a new trademark, businesses need to pay attention so that the mark can meet two main goals: commercial value and protection.
A trademark with commercial value must attract the public’s attention, especially it must appeal to the potential customers that the business intends to conquer. To achieve this goal, the brand must easy to pronounce, easy to remember and make a strong impression on the customers. Also, a trademark that easy to protect must have strong distinctiveness.
What types of trademarks are protected?
- Collective mark
A mark used to distinguish 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 that organization.
- Certification marks
A mark that the owner of the mark allows another organization or individual to use on the goods and services of that organization or individual to certify the characteristics of origin, raw materials, materials; and methods of production, the quality, accuracy, safety, or other characteristics of the goods or services bearing the mark.
- Association marks
A trademark registered by the same subject, identical or similar; used for products or services of the same, or similar, or related to each other.
- Famous brands
A brand widely known by consumers throughout the territory of Vietnam.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Related articles
- Decoding the meaning of C, R, TM in trademark protection registration in Vietnam
- Benefits of trademark registration under Vietnamese legislation
- Things to know about trademark registration in Vietnam
Related questions
To be protected as a trademark, a mark must satisfy the following conditions:
Visible in the form of letters, words, drawings, images, including holograms, or a combination thereof, represented by one or more colors;
Having the ability to distinguish the goods and services of the mark owner from those of other subjects.
Based on business plans, brand development… and trademark laws of each country, the trademark owner can decide the scope of protection of the mark with the following bases: (i) Country, ( ii) the type of goods or services, and (iii) the term of protection.
The trademark owner must also clearly identify the type of goods or services when registering the trademark under the Nice Agreement.
When a trademark is registered for many groups of goods and services, the registration fee will increase.
First of all, official charges for filing application: VND 150,000/ 01 application;
Secondly, fee for publication of application: VND 120,000/ 01 application;
Thirdly, fee for the trademark search for the substantive examination process: VND 180,000/ 01group of goods or services;
Additionally, fee for the trademark search from the 7th good or service onwards: VND 30,000/ 01 good or service;
Besides, fee for formality examination: VND 550,000/ 01 group of goods or services;
Lastly, fee for formality examination from the 7th good or service onwards: VND 120,000/ 01 good or service.
Contact LSX
Finally, hope this article is useful for you to answer the question about “What should be kept in mind when designing a brand in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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