Content Appraisal of a Trademark Registration in Vietnam

According to Law on Intellectual Property, sources of information may provide materials as legal bases and reasons for refusal to grant a protection title for a relatively diverse trademark application. The following minimal sources of information need searching:

• The date of submitting trademark applications at the Intellectual Property office is an earlier subbmitting date or priority date; and trademark international registrations designating Vietnam that the Intellectual Property office has been notified by WIPO with an earlier submitting date or priority date for identical or similar products or services.
• Trademark registered for protection or recognized for protection which are still in force in Vietnam (including well-known trademarks) are used for identical, similar or related to goods or services.
• Registered trademarks have been terminated for a period of less than 5 years, except the trademark is terminated for reason of not being used in accordance with Point d Clause 1 Article 95 of the Law on Intellectual Property, used for products, identical or similar services.
• Geographical indications are being protected in Vietnam.
• Indication of the geographical origin of goods or services; geographic names, quality trademarks and checking trademark; national flags and emblems of nations; flags, names and symbols of agencies and organizations of Vietnam and the world; names and images of the leaders, national heroes, names and images of Vietnamese and foreign celebrity… which the Intellectual Property office collects, maintains or has in common dictionaries or is widely known on the global information network.

In addition, when in necessary, the appraiser will search reference sources or other than these above sources such as industrial designs being protected, industrial design applications with an earlier priority date, tradename,…

If customers have any difficulties related to the trademark registration procedures, please contact Viet An Law for detailed advices!