A trademark is a recognizable sign used to distinguish the goods and services of one business entity from those of others.
A mark will be protected when it satisfies the following conditions:
Through abovementioned signs protected as marks, consumers are able to envision and associate with the quality, prestige, and superior characteristics of the goods and services.
Article 72 of the 2005 Law on Intellectual Property, amended in 2009
A brand is how the public perceives a target object emotionally.
A brand exists only in the mind of the public and not recognized by Vietnamese law.
A trademark is a sign recognized and protected by Vietnamese law, distinguishing goods and services of different entities.
A logo is the symbol of a business. It can be in the form of a drawing, pattern, font, or some special signs.
Logos can be registered as trademarks or copyrights.
To distinguish goods and services of the same kind.
To help consumers identify and distinguish distinctive goods and services from the similar ones through unique signs and signs in the form of words or images.
To provide information about the origin of the goods and services.
Behind a trademark is the quality and characteristics of the product.
Based on specific vision and business objectives, each trader will choose for his or her goods and services an appropriate mark.
A collective mark is issued to an organization and/or association and its direct users are the members of such association and/or organization.
For example: The ‘Hoa Loc Mangos’ collective mark of Hoa Loc Mangos Cooperative is granted a protection title.
Households and individuals who are members of the Hoa Loc Mangos Cooperative are entitled to use the mark.
The organization and/or association must ensure that their members comply with quality conditions and standards set forth.
Members of the organization and/or association may only use the collective mark to affix on products, goods, packaging, or transaction documents, provided that they comply with the requirements in the Regulation on use of collective marks.
The regulation on use of collective marks consists of the following principal contents:
Clause 17 Article 4, Clause 4 Article 105 of the 2005 Law on Intellectual Property, amended in 2009
A certification mark means a mark authorized by its owner to be used by another organization or individual on the latter’s goods and/or services, for the purpose of certifying the origin, raw materials, materials, etc. of the goods and/or services bearing the mark.
For example: The ‘High-Quality Vietnamese Goods’ certification mark, owned by the Vietnam Business Association, is issued only to eligible businesses.
Conditions on use of a certification mark depend on the standard requirements of its owner.
The regulation on the use of certification marks consists of the following principal contents:
Clause 18 Article 4, Clause 5 Article 105 of the 2005 Law on Intellectual Property, amended in 2009
An integrated mark means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
For example: Fanta, Sprite, and Dasani are all affixed with integrated marks for they are products of Coca-Cola.
By using integrated marks, mark holders will be able to prevent other entities from producing potential counterfeit goods.
Clause 19 Article 4 of the 2005 Law on Intellectual Property, amended in 2009
A well-known mark means a mark widely known by consumers throughout the Vietnamese territory.
Criteria for evaluation of well-known marks:
Regulations on well-known marks in Vietnam nevertheless remain unclear, resulting in certain difficulties in the process of proving.
At present, mark holders wishing to do business in Vietnam usually give priority to trademark registration under the normal trademark regulations in order to ensure the probability of receiving protection.
However, regardless of being well-known or not, distinctiveness is the most important element of any mark.
Clause 20 Article 4, Article 75 of the 2005 Law on Intellectual Property, amended in 2009