Trademark in Vietnam

Competent authorities: Scientific and Technological Inspectorates (including Inspectorate of Ministry of Science & Technology and Inspectorate of Departments of Science & Technology located in provinces of Vietnam); Market Management Offices; Customs Offices; Police Agencies. Flowchart of handling IPR infringement under administrative proceedings in Vietnam as follow:  (download)     Procedure: 

Registration in the trend of global integration in trade and legislation, Vietnam promulgated the Law on Intellectual Property 2005 (IP Law), in which regulations on opposition are particularly stipulated. In the context of increasing imitation of trademark. Opposition procedure facilitates trademark examination and became an effective administrative measure against misappropriated

1. Definition “using trademark in Vietnam”   According to the Intellectual Property Law, using trademark in Vietnam means the performance of the following acts: a/ Affixing the protected mark on goods, goods packages, means of business, means of service provision, transaction documents in business activities; b/ Circulating, offering, advertising for

1. What is Trademark license? Trademark licenses means the permission by the owner of such trademark for another organization or individual to use the trademark within the scope of his/her use right. Licensing of the trademark must be established in the form of written agreement. According to Vietnam trademark system,

Assignment of a trademark right means the transfer of ownership right by owner of such trademark right to another organization or individual. Trademark Assignment in Vietnam be established in the form of written agreement. Oral agreements, letters or telegrams shall not be accepted and have no legal effect. 1. Required

Dealing with infringement of intellectual property rights in Vietnam Under Vietnam IP Law relation to dealing with infringement of intellectual property rights, the owner of registered mark has rights to perform some measures as following: • Warning action: to inform the infringer or fake product manufacturer of their rights and require the

The whole procedure from filing to registration is shown in the flow chart below.     (1)     (1)                   Filing the application The application for a mark registration must be filed directly or by mail, to the Intellectual Property Office of Viet Nam (IPVN) or its brand offices in Ho Chi

  Bentley Motors says it has been selling clothing for more than 30 years without being confused for any other brand (Photo: Stefand/Getty Images) A business has launched a legal claim against Bentley Motors over the ownership of a clothing trademark. Brandlogic, owner of Manchester-based Bentley 1962 clothing, is seeking

The Certificate of Trademark Registration is commonly referred to as the “protective title.” It constitutes a vital legal instrument safeguarding the owner’s legal status in respect of the trademark. Pursuant to current regulations, a trademark certificate takes effect from its date of issue and remains valid for ten (10) years

Registration of a trademark is subject to stringent requirements designed to safeguard ownership rights and to distinguish an enterprise’s goods or services. A valid mark must be distinctive, memorable, and must not merely describe the goods or services it protects. Criteria for Assessing Distinctiveness Novelty and Creativity The mark must

According to Vietnam trademark system, the “first to file” principle is also applied for protection of trademark in Vietnam. It means that the trademark registration will be granted to the individuals, legal entities who first filed the trademark application. Each application can be used for one trademark only. However, multi-class