Signs of deception that cannot be registered for trademark protection in Vietnam

A trademark is a sign used to distinguish the goods and services of different organizations and individuals, created by human intelligence. In order to avoid being copied or used illegally, it is necessary to register for trademark protection at the National Office of Intellectual Property. However, not all trademarks are accepted for protection. In particular, signs that are deceptive or misleading to consumers will not be eligible for registration. So, how to identify and avoid violating these regulations? The following article will clarify the above issues according to the current law.

What is the sign of deception in trademark?

Deceptive signs in a trademark are elements in a trademark that have the potential to mislead or misrepresent factual information about the product or service it represents. These signs can mislead consumers about the origin, quality, features, or other characteristics of the product/service, thereby influencing purchasing decisions.

The characteristics of a deceptive sign in a trademark include:

• Misleading: Using place names, countries, or symbols related to a locality from which the product/service does not originate.
• For example, a product made in China but the trademark uses the word “Japan Quality” or an image of the Japanese flag.
• Trademarks that falsely describe the ingredients, quality, or features of the product.
• Use words or images that denote a feature that the product does not have.
• For example, a trademark uses an image of a fruit to allude to a flavor or ingredient while the product does not contain that fruit.
• Attach certificates or symbols of prestige for which the product/service is not licensed.

Conditions for trademark protection

Article 72 of the Law on Intellectual Property 2005 amended in 2022 stipulates that a trademark is protected if the following conditions are met:

• A visible sign in the form of letters, words, drawings, images, holograms, or a combination of such elements, represented by one or more colors or a graphically represented sound sign
• Capable of distinguishing goods and services of the trademark owner from those of other subjects.

Thus, in order to be protected, a trademark must meet two basic conditions: a sign that can be recognized visually or in graphic form, and capable of distinguishing the goods and services of the owner from others.

These regulations not only protect the legitimate interests of businesses but also ensure transparency and healthy competition in the market. Therefore, the design and registration of trademarks should be carried out carefully, in accordance with the law, to optimize the value of trademarks in business.

Signs of deception that cannot be registered for trademark protection in Vietnam

Pursuant to Article 73 of the Law on Intellectual Property 2005, amended in 2022, the following signs are not protected in the name of trademarks:

• Signs that coincide with or are confusingly similar to the National Flag, National Emblem, National Anthem of the Socialist Republic of Vietnam, and of other countries and international anthems.
• Signs identical with or confusingly similar to symbols, flags, emblems, abbreviations, or full names of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations of Vietnam, and international organizations, without the permission of such agencies or organizations;
• Signs that are identical or confusingly similar to the real names, nicknames, pseudonyms, images of leaders, national heroes, celebrities of Vietnam or foreign countries;
• Signs identical with or confusingly similar to certification trademarks, inspection trademarks, or warranty trademarks of international organizations requested by such organizations not to be used, unless such organizations themselves register such trademarks as certification marks;
• Signs that mislead, confuse, or deceive consumers about the origin, features, uses, quality, value, or other characteristics of goods or services.
• The sign is the inherent shape of the goods or due to the technical characteristics of the goods that are required to be present.
• Signs containing copies of works, unless permitted by the owner of such work

A sign that is considered deceptive is that when used in commerce associated with related goods and services, it will bring false information about those goods and services. Such information relates to the nature, object, quality, geographical origin, quantity, size, purpose, benefits, value or other relevant characteristics of goods and services.

Thus, in order to avoid wasting time in the process of trademark registration, you need to provide true information about goods and services in order to be granted a Trademark Registration Certificate by the National Office of Intellectual Property.

How to avoid violating the sign of deception when registering a trademark

Carefully study the provisions of the Intellectual Property Law, especially on trademark protection conditions and cases of rejection. Note the terms related to misleading indications about the origin, quality, or features of the product/service.

Use transparent and honest information, and avoid using place names, symbols, or images that are not true to the origin of the product.

Do not use elements such as words, images, and colors that are easily confusing or deceptive. Avoid using absolute terms such as “only” and “best” without a clear basis.

Use the search tools at the National Office of Intellectual Property to check whether the trademark intended to be registered is identical or similar to the protected trademark.

Consult with lawyers at Viet An Law or an experienced intellectual property consultancy organization to evaluate trademarks.

Do not misleadingly advertise the trademark or use messages that are contrary to the actual characteristics of the product/service.

Keep track of amendments to the Intellectual Property Law or related regulations to ensure that trademarks are always compliant with the law.

Above is the entire content of deceptive signs that cannot be registered for trademark protection under the Viet An Law. Clients who want to register a trademark, please contact Viet An Law Firm for detailed advice!