Opposition Procedures of Trademark in Vietnam

Trademark is the priceless asset of a company because of being used to distinguish goods or services of different organizations or individuals. Many international companies have found that others have registered trademark protection in Vietnam at National Offices of Intellectual Property (NOIP). Because trademark is protected independently in each nation, it is easy for violators to abuse trademarks of other well-known companies for...

Read More

How Does Dispute Settlement Mechanism of WTO Work?

The dispute settlement mechanism of the World Trade Organization (WTO) is a succession of the dispute settlement rules that has been effective for nearly 50 years in the history of GATT 1947. The basic objective of this dispute resolution mechanism is to achieve a positive solution to the dispute. Vietnam is member of WTO therefore it could refer to dispute settlement mechanism of WTO in dispute against other country member.   When...

Read More

Recordal of Trademark Assignment in Vietnam

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.   Recordal of Trademark Assignment in Vietnam Required documents You are required to provide us the following documents: -One...

Read More

How Licensing of Trademark 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 licensing of trademark must be established in written form to avoid dispute in trademark licensing.   Trademark licensing in Vietnam Accordingly,...

Read More

What Are Obligations of Using Patent and Trademark?

When applicants of invention or mark are granted patent or trademark certificate, they are obliged to use these subjects. The reason for this provision which is, the owner may not use patents or trademarks in practical causing difficulties for the person who would like to use the patent and trademark in reality but cannot register as others has already registered.   Register utility solution in Vietnam According to Article 136 Vietnam...

Read More

How Can IPR Holder Protect Intellectual Property Rights in Vietnam?

An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights in Vietnam of such holder:   To apply technological measures to prevent acts of infringement of its intellectual property rights; To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such...

Read More

Application of Administrative Measures to Protect Intellectual Property Rights

Since joining WTO, Vietnam has been coping to comply with the international commitments in general and intellectual property area in particular. In order to ensure fair legal environment and the benefits of intellectual property right holders, the Vietnam laws provide a number of ways in which holders can apply the following methods to protect their intellectual property rights in Vietnam:   Negotiation: requesting organizations,...

Read More

How do you get trademark registration?

What is Trademark? The term ‘Trademark’ refers to the brand or logo which represents the business. It is a visual symbol of a signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or any other articles of commerce. Moreover, it is meant to differentiate among the similar products or services originated from the different business. A trademark can be a word, wrapper, packaging labels...

Read More

How Dispute Settlement Mechanism of ASEAN Work?

As economic cooperation has expanded, having an effective mechanism to resolve disputes arising between member countries has become an essential need. Therefore, since 1996, ASEAN has started drafting a Protocol on Dispute Settlement Mechanism, and this Protocol was signed by ASEAN Economic Ministers on November 20, 1996 in Manila (Philippines).   The dispute settlement mechanism of ASEAN is built on the spirit of negotiation and mediation....

Read More

Why Investor Needs to Protect Trademark in Vietnam?

Trademark protection in Vietnam is initially obtained through trademark registration. Trademark opposition could be filed to prevent a pending application for a mark from being granted application. Litigation is the final measure to handle dispute during trademark protection in Vietnam. Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent,...

Read More