What acts are considered as an infringement of rights to marks in Vietnam? What percentage can be dealt with infringement? The mark owner shall conduct an intellectual property assessment at the Vietnam Intellectual Property Research Institute to answer the above question.
The conclusion of the trademark assessment only indicates whether there is an act of infringements or not, and this result is considered as evidence for the competent authorities to handle the case and deal with acts of infringements.
To deal with infringements, the enterprise needs to establish the grounds by providing Viet An Law Firm the following dossiers:
- Power of attorney (provided form by Viet An Law Firm);
- Notarized copies of certificate of registered mark or necessary evidence proving the ownership right to mark or the right to use the mark;
- The business registration certificate of the enterprise or notarized identity card for protection title owners are individual;
- The branded product samples of the enterprise;
- The product samples of the infringing party or documents which can prove trademark infringements;
- The infringing party’s information: enterprise name, address, contact information (if any);
- Conduct trademark assessment to have evidence proving the trademark infringement compared to the protected trademark
Step 1: Conduct an intellectual property assessment procedure under the law of Vietnam:
Viet An Law Firm conducts a trademark assessment at the Vietnam Intellectual Property Research Institute after having been authorized by the enterprise or individual.
- Check and specify the objects of assessment;
- Check and specify the content of the assessment request;
- Trademark assessment usually takes 22 working days or 03 working days at the earliest.
Step 2: Consult about infringement warnings for the infringing party in Vietnam
After establishing grounds and being authorized by the enterprise, Viet An Law Firm shall warn the infringing party as the intellectual property representative and require them to stop trademark infringements:
- Check and specify the infringing party’s information;
- Consult and draft dossiers to require the infringing party to stop trademark infringements;
- Represent for enterprise to work with the infringing party.
Step 3: Require competent state authority to deal with the infringing party in Vietnam by administrative, civil, and criminal measures:
- Intellectual property examining;
- Represent for clients to require administrative penalty: contact and submit request dossier to authorized state bodies: Market Control Department, Food Safety Agency, Economic Police Office, Science, and Technology Inspectorate …
Trademark infringements/Intellectual property infringements consulting services at Viet An Law Firm:
- Dealing with trademark infringement procedures;
- Require infringing party stop violating;
- Trademark examining;
- Require competent state authority conduct assessment and give a conclusion about intellectual property infringements;
- Require competent state authority to enforce penalty;
- Represent for clients as a lawyer to participate in civil procedures at the authorized courts.
If you have any concerns about dealing with trademark infringements in Vietnam, please feel free to contact Viet An Law Firm to get legal advice and to be supported during the procedures!
