Vietnam Intellectual Property Law 2005, as amended and supplemented in 2009, 2019, 2022.
A geographical description is a sign used to indicate that a product originates from a particular region, locality, territory or country. Geographical descriptive signs expressed in the form of names, terms, pictorial signs or mixed signs indicating or representing a content of geographical origin. Geographic terms include the name of any geographical location, not only political boundaries, but also the name of a geographical feature or feature including rivers, mountains, deserts, forests, ocean, lake, etc.
According to Point dd, Article 74 of the Intellectual Property Law, a mark is considered to be indistinguishable if it is a sign indicating the geographical origin of goods or services, unless such sign has been used widely used and recognized as a trademark or registered as a collective mark or certification mark under the Intellectual Property Law. These are geographical signs cannot be trademarked in Vietnam.
According to the above regulations, trademarks containing geographical descriptions will be refused to grant certificates registering trademark because the conditions for protection are not met. However, the law also protect trademark containing the geographic description in the following exceptions:
Example: “PARIS” for clothing and cosmetics;
“NETHERLANDS” for alcoholic beverages;
“ATLANTIC” for shrimp and salmon;
For example: Phu Yen fish sauce, Cat Hai fish sauce, Doan Hung pomelo, Shan Tuyet Moc Chau tea, Binh Thuan dragon fruit, Thanh Ha litchi, Dai Hoang banana, 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 geographical signs cannot be registered as trademark in Vietnam of Viet An Law. If Clients want to register a trademark, please contact us Viet An Law for detailed advice!
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