Vietnam Trademark Registration under IP Law in Vietnam

Vietnam Trademark Registration under IP Law in Vietnam

What is Vietnam trademark registration?

Vietnam trademark registration is the process of obtaining a legal right to use a trademark in Vietnam. A trademark is a word, phrase, symbol, or design that identifies the source of goods or services and distinguishes them from those of other sources.

Where to file Vietnam trademark registration?

To register a trademark in Vietnam, you must file an application with the National Office of Intellectual Property (NOIP).

The Vietnam trademark registration application

The application must include the necessary information and documentation, such as the trademark image or word mark, the list of the goods or services that the trademark will be used for (according to the Vietnam classification system), and proof of the applicant’s identity...

The NOIP will then examine the application to determine whether the trademark is eligible for registration. If the trademark is eligible, the NOIP will publish the application in the Official Gazette for a period of 2 months. This gives other parties an opportunity to oppose the registration of the trademark.

If there is no opposition, the NOIP will register the trademark and issue a certificate of registration. The trademark will be valid for 10 years from the filing date. The registration can be renewed for an unlimited number of 10-year periods.

The benefits of Vietnam trademark registration

It gives you the exclusive right to use the trademark in Vietnam.

It prevents others from using your trademark without your permission.

It helps to build brand awareness and protect your reputation.

It can increase the value of your business.

It is important to consider registering your trademark. This will help to protect your brand and your business interests while doing business in Vietnam. 

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ANT Lawyers - International Law Firm in Vietnam

How ANT Lawyers – International Law Firm in Vietnam Could Help Your Business?

ANT Lawyers is a reliable law firm in Vietnam with English speaking lawyers and has been ranked as a leading law firm by well-known legal editorials, including The Legal 500. The firm is an exclusive Vietnam law firm member of Prae Legal, a global law firm network

ANT Lawyers – An International law firm in Vietnam has a team of experienced lawyers who can help with a wide range of legal matters, including:

Corporate law

M&A

Dispute resolution

Intellectual property

Real estate

Labor law

Tax law

Immigration law…

Related Post: English speaking law firm in Hanoi

Why you should choose ANT Lawyers?

-Experienced English speaking lawyers

-Strong international network

-Excellent reputation

-Reasonable fees

-Client satisfaction: ANT Lawyers has a high client satisfaction rating.

-Continuing education: The lawyers at ANT Lawyers are constantly attending continuing education courses to stay up-to-date on the latest legal developments.

Overall, ANT Lawyers is a reliable law firm in Vietnam that can provide you with high-quality legal services.

ANT Lawyers - Your Reliable Law Firm in Vietnam 

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Trademark Infringement lawyers in Vietnam assist trademark infringement

 Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient.

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How Trademark Licensing in Vietnam Works?

 How Trademark Licensing in Vietnam Works?

Vietnam's intellectual property law governs the licensing of industrial property subjects in general and trademarks in particular. As a result, when a trademark is licensed in Vietnam, the owner (the licensor) grants permission to another party (the licensee) to use the trademark in Vietnam under terms and conditions that have been mutually agreed upon.

The nature and quality of the products or services associated with the trademark are still under the control of the licensor.

Quality control is the most important aspect of trademark licensing in Vietnam because buyers expect consistent quality from trademarked goods or services regardless of where they are purchased or used.

To avoid disputes in trademark licensing in Vietnam, permission must be granted in writing.

What are the advantages of trademark licensing in Vietnam?

Trademark licensing in Vietnam could bring great advantages as following:

• Additional revenue
• Territorial expansion
• Benefits from others’ manufacturing, sales, distribution, marketing skills
• New channels of distribution
• Discontinued marks
•  Strategic partnerships
• Convert a trademark infringer into a partner
• Increase consumer recognition and advertising 

Forms of trademark licenses in Vietnam

Trademark licensing in Vietnam may take the following forms:

• Franchising
• Merchandising
• Brand extension
• Co-branding
• Components or ingredient branding
• Standards

What kinds of contracts exist for trademark licensing in Vietnam?

Licensing of trademark includes the following types: Exclusive contract, Non-exclusive contract, Sub-license contract.

-First, an exclusive contract is one in which the licensee has exclusive use of the licensed trademark within the scope and duration of the licensing agreement, while the licensor is prohibited from using the licensed trademark without the licensee's permission.

-Second, a non-exclusive contract is one in which the licensor retains the right to use the trademark and enter into a non-exclusive trademark license agreement with others within the scope and duration of the licensing agreement.

-Thirdly, trademark sub-license contract mean an agreement under which the licensor is a licensee of the option to utilize such brand name as per another agreement.

What is included in the Vietnam trademark licensing contract?

In a the agreements, having the accompanying contents is required: complete names and addresses of the licensor and of the licensee; reasons for licenses; type of contract; scope of licensing, including territorial and use right restrictions; contract duration price of a license; rights and responsibilities of the licensee and licensor. To deal with potential disputes that may arise between parties during the execution of trademark licensing in Vietnam, it is essential to establish regulations regarding the dispute resolution process for trademark licensing.

The parties must also consider the legality of this contract in addition to the aforementioned provisions. In contrast to assignment contracts for trademarks in Vietnam, where they must be registered at the National Office of Intellectual Property of Vietnam before they can take effect, licensing contracts for trademarks do not require such registration. When the licensor loses its trademark rights, the licensing agreement will automatically end.

Our Intellectual Property attorney can assist the client with any additional inquiries or requests for legal counsel regarding trademark licensing in Vietnam or a dispute in trademark licensing contract.

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Working Session on the Trade Remedies Measures for Table and Chair products

 Working Session on the Trade Remedies Measures for Table and Chair products

On September 30, 2022, the Ministry of Industry and Trade issued Decision No. 1991/QD-BCT on the application of anti-dumping measures to some table and chair products originally from Malaysia and Republic of China (case number: AD16).

 

To learn the basis for considering the issue of the scope of goods subject to anti-dumping measures, the Trade Remedies Authority organizes a working session in person with related parties, at 14:00, on Tuesday, November 15, 2022 between Trade Remedies Authority of Viet Nam and related parties.

This will be the opportunities for the related parties to exchange and present their opinions on the scope of goods subject to anti-dumping measures.

Related parties who have opinions and concerns about the scope of goods subject to anti-dumping measures can register to participate in the working session.

In case the related parties register to speak at the meeting session, it is requested that the related party send their written opinions and related documents in advance.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers of International trade and tax practice at ANT Lawyers - Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

Source ANTLawyers: https://antlawyers.vn/library/anti-dumping-measures-to-some-table-and-chair-products.html

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How Licensing of Trademark in Vietnam Works?

 Licensing of industrial property subject in general or of trademark in specific is regulated in Intellectual Property law. Accordingly, in trademark licensing, the owner (licensor) grants permission to another (licensee) to use that trademark on mutually agreed terms and conditions. The must be established in written form to avoid dispute in trademark licensing in Vietnam.

Trademark licensing in Vietnam

Accordingly, licensing of trademark includes the following types: exclusive contract, non-exclusive contract; sub-license contract.

Firstly, exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed trademark while the licensor may neither enter into any trademark license contract with any third party nor, without permission from the licensee, use such trademark.

Secondly, non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall still have the right to use the trademark and to enter into a non-exclusive trademark license contract with others.

Thirdly, trademark sub-license contract means a contract under which the licensor is a licensee of the right to use such trademark pursuant to another contract.

In any type of the contracts, it is required to have the following contents: full names and addresses of the licensor and of the licensee; grounds for licensing; contract type; licensing scope including limitations on use right and territorial limitations; contract term; licensing price; rights and obligations of the licensor and of the licensee.

Besides the above contents, the parties also need to take note on the validity of this contract. Different from assignment contract of trademark when it is required to register at National office of Intellectual Property of Vietnam to take effect, the licensing contract of trademark does not required this kind of registration for taking effect. Licensing contract shall automatically be terminated upon the termination of the licensor’s trademark right.

If Client needs any more information or request for legal advice regarding licensing of trademark or dispute in trademark licensing contract, our Trademark attorneys in Vietnam at ANT Lawyers will be of help.

ANT Lawyers – Law firm in Vietnam will always follow up with authorities for legal update on matters relevant to trademarks to update clients on regular basis.

Source ANTLawyers: https://antlawyers.vn/library/how-licensing-of-trademark-works.html

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What is a Trademark?

 A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Trademark registration services in Vietnam

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

Source: Quora

If you're looking for affordable Trademark attorneys in Vietnam, check out ANT Lawyers was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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