Vietnam Intellectual Property Law 2005, as amended and supplemented in 2009, 2019, 2022.
To be protected by law, a trademark must satisfy the following conditions as prescribed by law:
Accordingly, the mark must be distinctive. A mark is considered to be distinctive if it is made up of one or several recognizable and memorable elements or made up of many elements that combine into a recognizable and memorable whole and does not belong to the following categories: the case specified in Clause 2, Article 74 of the Intellectual Property Law.
According to Clause c, Article 74 of the Intellectual Property Law, signs are descriptive of goods and services such as signs indicating time, place, production method, type, quantity, quality, nature and composition part, use, value or other characteristics, unless the sign has acquired distinctiveness through use prior to the time of application.registering trademark then the mark as that sign is considered to be indistinguishable, those are descriptive signs cannot be trademarked in Vietnam
Example: German Technology
High quality service,..
Accordingly, trademarks that describe goods and services will be refused the Certificate Registering Trademark because the discriminability condition is not met and descriptive signs cannot be trademarked in Vietnam. However, there are exceptions as follows: Marks that have a descriptive element but have been used for the function of a mark and are widely known to consumers and whereby the mark has been achieving distinctiveness with respect to the goods or services concerned shall be considered distinctive. For this exception to apply, the trademark owner must provide evidence of widespread use of the mark (date of use, scope, current level of use, etc.), in that a mark is considered “used” only when such use is carried out in legitimate production, business, commercial, advertising, marketing activities) and evidence of its distinctiveness trademark for related goods and services of the mark owner. In this case, the mark shall be recognized as distinctive only when presented in the same form as in which it is continuously and commonly used in practice. Some trademarks have been successfully registered in Vietnam thanks to this exception, such as DOUBLEMINT, BABY – DRY, etc.
Procedure of trademark registration in Vietnam
Step 1: Select a brand and goods and services for the brand
The first important step to trademark registration for audio equipment, speakers is select a suitable and impressive brand
Step 2: Research trademarks
To perform a trademark search, customers only need to provide Viet An Law:
Step 3: Apply registration dossier
Step 4: Formality examniation of the application
Step 5: Publication of trademark application
Step 6: Substantive examination of the application
Time limit for substantive examination: 09 months from the date of application publication.
Step 7: Pay the fee for granting a trademark protection title
The last step to trademark registration for audio equipment, speakers is after receiving the notice of intention to grant a protection title, the applicant shall pay the granting fee.
The above is an article about the descriptive signs cannot be registered as trademark in Vietnam of Viet An Law, so if the owner of the trademark application takes it as a trademark, it will not be granted an exclusive protection title. If you want to register a trademark, please contact Viet An Law for detailed advice!
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