When operating a business in Vietnam, getting your trademark protected is essential. However, the trademarks may fall into cases that stay under the refusal of the trademarks protection title. So, what to do in case of trademarks protection title refusal in Vietnam? Let’s find out with LSX.
- 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.
Why the trademares are unable to obtained the protection title?
Thus, the registration of trademark protection and granting of diplomas is very long and complex; therefore, the rejection may appear in these two main stages:
Stage 1: Formal appraisal stage
This is the first stage in terms of verifying the registered logo; in order to see if this logo meets or lacks any information:
- The trademark lacks information about the applicant (lack of full name, address, etc.)
- Trademarks are printed heterogeneously; lack of quantity
- The declared or declared mark lacks detailed information about the group of goods and services that need protection.
Basically, the formal appraisal is the first stage; It is also the stage where the applicant receives the earliest appraisal results. This is also the easiest notice to modify; for the additional information required related to the listing in the declaration; just supplement according to the instructions of the National Office of Intellectual Property in 30 days to complete.
Stage 2: Content appraisal stage
Accordingly, this is the longest and most important stage. Dealing with a rejected trademark at this stage means that the NOIP’s specialists have searched the trademark on the information system; and found that the mark was in violation of one of the following:
Trademarks from well-known signs
- Simple geometric figures and figures, numerals, letters and words in uncommon languages
- Conventional signs, symbols, drawings or common names of goods or services in any language that is popular and well-known
- A sign indicating time, place, production method, type, quantity, quality, nature, composition, use, value or other characteristics that are descriptive of goods or services; except where it has its distinctiveness through use prior to the filing of the trademark application
- Signs describing the legal form and business field of the business entity
Trademarks that coincide with the other types of marks
- A sign indicating the geographical origin of goods or services, unless those marks are popular as a mark or registered as a collective mark or certification mark
- A sign that is not an associate mark is identical or confusingly similar to a registered mark for identical or similar goods or services
- Signs identical or confusingly similar to another person’s well-known mark or similar goods or services prior to the filing date or priority date; in case the application enjoys the right of priority
- The sign is identical or confusingly similar to another person’s trademark registered for identical or similar goods or services; for which terminated period of the marks were less than five years.
- Signs that are identical or confusingly similar to a well-known mark; in case the use of such sign may affect the distinctiveness of a well-known mark or the registration of the mark will take advantage of the reputation of the famouse one
Coinciding with the other types of intellectual properties
- A sign identical or similar to others’ trade names; in case the use of such sign may cause confusion to consumers about the origin of goods or services
- A sign that is identical or similar to a protected geographical indication; in case the use of such sign may lead consumers to misunderstand the geographical origin of the goods
- The sign coincides with a geographical indication or contains a geographical indication or is translated or transcribed from the geographical indication for wine or spirits; in case the trade names appear in wine spirits that do not originate from the geographical area bearing the geographical indication
- Signs identical with or not significantly different from industrial designs of others; shall be protected on the basis of industrial design registration applications; with filing dates or priority dates earlier than the filing and priority dates of the industrial design. trademark registration application
Service of handling trademarks refused to grant protection titles
In fact, the most common mistake for trademarks is duplication; there is no identifiable mark for previously filed trademarks in the same line of business. This often arises when consulting units; or giving advice to customers before receiving or customers carrying out the procedure themselves, so this consequence is undesirable. When dealing with a rejected trademark at this stage, many problems arise:
- First, the owner of a trademark registration application must file a written complaint; and respond to objections to the NOIP’s notice within 2 months from the date of receipt of the document;
- Second, the complaint or written response also requires a certain understanding of intellectual property law. This is something that many people lack; leading to a written response to the objection to the request not to grant a protection title encounters many difficulties. Many people will choose to build a new brand and start from scratch. This will save you a lot more time, effort and money.
Above is the answer to “What to do in case of trademarks protection title refusal in Vietnam?”. In case are staying in this situation, please contact Lawyer X for quick and best legal services: 0833102102.
– The applicant for registration does not have the right to register and cannot transfer the right to register the mark;
– The mark does not meet the protection conditions at the time of granting the Trademark Protection Title.
The statute of limitations for exercising the right to request invalidation of a protection title is throughout the protection term; for trademarks, this statute of limitations is 5 years from the date of granting the protection title if the grantee does not use the mark continuously unless the protection title is granted due to dishonesty by the applicant