In recent years, infringement of intellectual property rights has shown no signs of abating. Recognizing the importance of trademark protection in protecting legitimate rights and interests, the demands for trademark registration of individuals and organizations are increasing. Not only ordinary individuals but also people of the public are aware of it and register to protect their name as trademarks of goods or services. Some celebrity people have registered trademarks with their names such as My Tam, Dam Vinh Hung, Le Quyen,… How does the current law on Intellectual Property regulate trademark registration of celebrity people’s names? Viet An Law would like to answer this question for customers.
“Celebrity names” include the real name, pseudonym, and stage name of that celebrity.
Registering trademark for celebrity names to establish trademark ownership with the name, the pseudonym of the celebrity to gain exclusive rights in the field in which he/she does business.
According to the provisions of Clause 3 Article 73 of the Law on Intellectual Property, one of the signs that are not protected as a trademark is “A sign that is identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, celebrities of Vietnam and foreign countries”.
Therefore, in addition to real names, nicknames, and pseudonyms of leaders, national heroes, or celebrities of Vietnam or foreign countries, individuals and organizations have the right to trademark registration of names of celebrities; but trademarks intended to be registered must not be identical or similar to any other person’s name or trademark previously registered in the same or similar field.
The Intellectual Property Office will process the application whether it meets the requirements about form, trademark samples, owner of the dossier, rights to apply,… If the application meets these requirements, the Intellectual Property Office will issue a notice to accept the application and publish the application on the gazette. If it does not meet the requirements, the Intellectual Property Office will issue a notice to refuse to accept the application and request the enterprise to amend it. The enterprise shall conduct the amendment upon the request and submit the amended official letter to the Intellectual Property office. The term to perform form appraisal is about 01 months from the date of applying.
Contents of publication of a trademark registration application are information related to a valid application stated in a notice of acceptance of a valid application, trademark samples, and a list of accompanying goods and services.
Step 3: The content appraisal. The Intellectual Property will process the trademark registration conditions and then assess the possibility of granting a protection title for the registered trademark by the enterprise. If the application meets the requirements, the Intellectual Property will issue a notice to grant a protection title for the registered trademark by the enterprise. On the other hand, the Intellectual Property Office will issue a notice to refuse to grant a protection title for the registered trademark by the enterprise. The enterprise will consider it and send an official letter to answer, the complaint against decisions of the Intellectual Property. Besides, the enterprise shall provide grounds for granting trademark protection titles to certain trademarks.
The term to perform content appraisal is about 09 months from the date of applying.
The Intellectual Property will issue a notice to grant the protection title and request to pay the granting fee.
Term to grant the protection title: 02-03 months from the date of paying the granting fee.
To save time and costs for individuals and businesses, Viet An Law provides trademark registration service to protect intellectual property for customers, including:
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