Trademark Transfer in Vietnam

The transfer of a trademark includes: Trademark assignment; and Trademark licensing. Trademark assignment means the transfer of ownership rights by the trademark owner to another organization or individual. In Trademark licensing, the trademark owner (Licensor) grants permission to another organization or individual (Licensee) to use the trademark within the scope of the owner’s right to use […]

Handling trademark infringement in Vietnam

The current situation in Vietnam regarding trademark infringement is alarming. Enterprises are encouraged to equip themselves with appropriate knowledge to protect their prestige and interests. What constitutes trademark infringement? Trademark infringement is the use of signs on goods and/or services that are identical or confusingly similar to those of registered marks. Specifically: Using signs identical to […]

Refusal to grant protection titles: What to do next?

Reasons for refusal to grant protection titles The mark does not fully satisfy the prescribed protection conditions The application satisfies the conditions for the grant of a protection title but fails to comply with the first-to-file principle. Procedures of refusal The NOIP will first send a Notice of its intended refusal to grant a protection […]

International Registration of Marks under the Madrid Agreement and the Madrid Protocol

Via one single application for trademark protection under the Madrid System, clients can expect to receive protection in a large number of countries. The Madrid Agreement and the Madrid Protocol The Madrid System for the International Registration of Marks includes the Madrid Agreement and any Protocol relating to that Agreement. The two treaties enable trademark […]

Trademark search in Vietnam

The trademark search is the important foundation to determining the registrability of a trademark. Why a trademark search? As mentioned in the article ‘Trademark Registration in Vietnam’, it can take up to 1 year for the National Office of Intellectual Property (NOIP) of Vietnam to finish processing a trademark registration application. During said process, the […]

Trademark registration in Vietnam

Once a trademark protection title has been registered and granted, trademark holders will have the rights to use and protect their marks. Right to register trademarks All organizations or individuals have the right to register marks to be used for the goods they produce or the services they provide. Organizations or individuals lawfully trading products […]

Difference between Trademark and Trade Name in Vietnam

The law clearly distinguishes trademarks from trade names. Nevertheless, many businesses use trade names that are consistent with the trademarks of their products or services. For example: The trade name ‘Coca-Cola’ and the trademark ‘Coca-Cola’. Using a trade name as a trademark that is not registered for protection at the National Office of Intellectual Property […]

What is a trademark in Vietnam?

A trademark is a recognizable sign used to distinguish the goods and services of one business entity from those of others. General conditions for trademarks eligible for protection A trademark will be protected when it satisfies the following conditions: Being a visible sign in the form of letters, words, drawings, or images, including holograms, or […]

Trademark