Trademarks are one of the objects of industrial property rights, containing commercial indications, used to indicate their origin and source of supply. Known as one of the most popular and popular types of trademarks, picture trademarks are preferred by many organizations and businesses. However, determining the elements and requirements for a graphic trademark to be protected in Vietnam is one of the difficulties that many customers have been facing Viet An law firms provide an article on the conditions for protecting a figurative trademark in Vietnam below.
Trademarks are signs selected and used by commercial entities to perform the function of distinguishing goods and services produced and provided by different sources.
Based on the form of expression of the sign used as a trademark, it can be understood that figurative trademarks are trademarks expressed through lines, colors, drawings, photos, shapes, and symbols. Thanks to the above characteristics, visual brands attract consumers’ eyes, making it easy for them to remember because remembering images and colors is easier than remembering words and structures. complex structure.
Why is it necessary to protect figurative trademarks?
If patent law aims to protect scientific and technical achievements, trademark law aims to protect commercial identity. The protection of figurative trademarks is the state through the legal system, establishing the rights of subjects to figurative trademarks to protect the rights and interests of organizations and businesses and protect consumers when they participate in buying, selling, and using products and services on the market.
Conditions for protecting a figurative trademark in Vietnam
Like other traditional trademarks, figurative trademarks that want to be protected in Vietnam must meet the following conditions as prescribed by law:
Some questions related to conditions for protecting a figurative trademark in Vietnam
What are signs that are identical or confusingly similar to the national flag or national emblem of other countries?
Signs that are identical or confusingly similar to national flags or emblems of other countries are one of the cases in which a registered trademark is not protected as a trademark. For example, the image of a red flag with a yellow star cannot be protected as a trademark of interior decorations because that image coincides with the national flag of the Socialist Republic of Vietnam.
Can simple shape signs become protected pictorial trademarks in Vietnam?
Simple shape signs may be considered indistinguishable if they are shapes or common geometries, such as circles, triangles quadrilaterals, etc. The use of simple shapes will not create a distinction between these and other goods and services.
Should images with too many shapes, lines with complex structures, and inappropriate color combinations be used as figurative trademarks?
Figurative trademarks are used to distinguish the goods and services of one owner from those of other goods and services. Therefore, using images with too many shapes, lines with complex structures, and inappropriate color combinations not only destroys the aesthetics of the image mark but also prevents that mark from being promoted. ability to differentiate its goods and services.
What does a picture trademark search mean for figurative trademark registration in Vietnam?
A trademark search is one of the first things to do to evaluate the trademark’s registrability before filing, avoiding the situation where the trademark protection application is returned due to duplicate or misleading confusion. Trademark search helps customers ensure that when they apply for registration, they will be issued a Trademark Registration Certificate.
Trademarks are important signs to distinguish the goods and services of one individual or business organization from those of another. Customers who need advice on conditions for protecting a figurative trademark in Vietnam, please contact Viet An Law for the best support.
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