Trade mark is a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.

The trade mark for goods, services… can be protected. The time of finishing procedure is 12 months, the time of protection of trade name is 10 years and can be extended many times, each time is 10 years

*What you can be consulted:

• All legal documents about the registration of trade mark
• Consult the ability of trade mark protection
• Consult all documents to prepare for the protection
• Consult the scope of trade mark protection
• Information customers give to BVL
• The model of the trade mark
• If the trade mark has the words those are not vietnamese, so the trade name sould be pronounced and if the words have meanings, these must be translated in to v ietnamese
• The documents to prove the legal rights of registration
• The copy of the first registration if the letter of registration requested the prority rights
• The documents prove the origins, prizes, medals.. if the trade mark includes these information.
• The licence of the authorization offices, if the trade mark uses these private names.
• Samples of the mark and list of goods or services bearing the mark;
• Rules on using collective mark or Rules on using certification mark.
• BVL to completes free documents.
• To prepare all documents relating to trade name registration
• To discribe the subject of protection
• The authorization letter
• To complete all procedures for the trade mark protection
• Procedures carried by Bacvietluat
• To be representative in the National Office of Intellectual Property to complete all procedures
• To be representative to carry all documents and get answers from the National Office of Intellectual Property
• Get the result of the trade mark protection
• To appeal if the registration is denied
• To notaroze all documents so customers can continue the next procedures
• To be representative to get the protection licience.

*Notes:

The rule on using collective mark shall consist of the following essential contents:

a) Designation, address, grounds of establishment and operations of the collective organization that is the owner of the mark;

b) Conditions to become a member of the collective organization;

c) List of organizations and individuals permitted to use the mark.

d) Conditions for using the mark;

dd) Remedies applicable to acts violating the rules on using the collective mark;

*. The rules on using certification mark shall have the following essential contents:

a) The organization or individual who is the mark owner;

b) Conditions for using the mark;

c) Characteristics of goods and services certified by the mark;

d) Methods of evaluation of the characteristics of goods and services and methods of supervision of the use of the mark;

dd)Expenses payable by the mark user for the certification and protection of the mark, if any.

Requirements of request of registration

The sample of mark shall be described in order to clarify elements of the mark and the comprehensive meaning of the mark (if any); where the mark consists of words or phrases of hieroglyphic languages, they shall be transliterated; where the mark consists of words or phrases in foreign languages, they shall be translated into Vietnamese.

Goods or services listed in a mark registration application shall be classified in accordance with the Classification List under the Nice Agreement on International Classification of Goods and Services, published by the State administrative authority of industrial property rights.

*A mark shall not be considered as distinctive if it is signs falling under one of the following cases:

a) Simple devices and geometric figures; numerals, letters, or words of uncommon languages, except for signs having been widely used and recognized as a mark;

b) Signs, symbols, pictures or common names in any language of goods or services that have been widely and often used and are common knowledge;

c) Signs indicating the time, place, method of production, kind, quantity, quality, property, composition, intended purpose, value or other characteristics, which is descriptive of the goods or services, except for signs having acquired distinctiveness through use before the filing of mark registration applications;

d) Signs describing the legal status and activity field of businesses;

dd) Signs indicating the geographical origin of the goods or services, except for signs having been widely used and recognized as a mark or signs registered as collective marks or certification marks as provided for in this Law;

e) Signs not being integrated signs which are identical with or confusingly similar to a registered mark in respect of identical or similar goods or services on the basis of a registration application having earlier filing date or earlier priority date, as applicable including applications filed under international treaties to which the Socialist Republic of Vietnam is party;

g) Signs identical with or confusingly similar to another person’s mark having been widely used and recognized in respect of the similar or identical goods/services as before the filing date or the date of priority, as the case may be;

h) Signs identical with or confusingly similar to another person’s mark already registered in respect of identical or similar goods or services the Mark registration Certificate of which has been terminated for no more than 5 years, except where the ground for such termination is non-use of the mark as provided for in subparagraph d paragraph 1 Article 95 of this Law;

i) Signs identical with or confusingly similar to another registered person’s mark recognized as well-known in respect of the goods or services that are identical with or similar to those bearing the well-known mark; or in respect of dissimilar goods/services if the use of such marks may prejudice the distinctiveness of the well-known mark or the registration of such signs is aimed at taking advantage of goodwill of the well-known mark;

k) Signs identical with or similar to another person’s trade name having been used if the use of such signs is likely to cause confusion to consumers as to the source of goods or services;

l) Signs identical with or similar to a geographical indication being protected if the use of such signs is likely to cause mislead consumers as to the geographical origin of goods;

m) Signs identical with or containing geographical indications or being translated from the meaning or transcription of the geographical indication being protected with respect to wines or spirits if such signs have been registered for use with respect to wines and spirits not originating from the geographical area bearing such geographical indication;

n) Signs identical with or insignificantly different from another person’s industrial design having been protected on the basis of an industrial design registration application with filing date or priority date earlier than those of the mark registration application.

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