TRADEMARK
SCOPE OF TRADEMARK SERVICES
A Dong IP provides services relating to trademarks, include:
• Assessment of registrability
• Trade Mark Searching
• Filing of domestic application and international application
• Oppositions
• Trademark Licensing
• Cancellation and Invalidity Proceedings
• Trademark litigation and enforcement
• Trade Mark Renewals
• Proceeding with recordals of ownership assignments and/or changes related to pending trademark applications, granted trademark registration
• Enforcement
TRADEMARK REGISTRATION IN VIETNAM
The steps involved in Registration are ad follows: Application filling; Formality Examination; Publication of the application; Substantive Examination; Notification of refusal; Successful registration
RIGHT TO REGISTRATION OF TRADEMARK IN VIETNAM
Right to registration of trademark is based on Article 87 of Law on Intellectual Property
TIME LIMIT OF TRADEMARK PROTECTION
According to the IP Law 2005, amended 2019, the time limit of trademark protection as follows: Trademarks are protected for 10 years from the filing date or the priority date.
TRADEMARK SEARCH SERVICE
Before registering a trademark, ensure that the mark you created is distinct and can not be confused with someone else’s trademark. Otherwise, your trademark application may face an opposition from the registered trademark owner or a refusal from the IPVN because of its similarity with the registered trademarks.
PROCEDURE FOR AMENDMENT OF TRADEMARK APPLICATIONS
Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the IPVN.
PROCEDURE FOR TRANSFER OF TRADEMARK APPLICATIONS
Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/her application to another person.
SIGNS NOT PROTECTED AS MARKS
The following signs shall not be protected as marks are according to the Law on Intellectual Property 2005, amended 2009,2019
SIGNS USED TO REGISTER TRADEMARK IN VIETNAM
Trademark means any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors.
CLASSIFICATION OF GOODS AND SERVICES FOR REGISTERING TRADEMARKS
All goods and services for registering trademarks are only 45 classes, which include 34 classes for goods and 11 classes for services.