Handling Trademark Infringement in Vietnam

What trademarks are considered to be infringing intellectual property rights in Vietnam? What percentage of violations will be fined? To answer the question of the trademark owner, it is necessary to carry out the trademark assessment procedure at the Institute of Intellectual Property Science. The assessment conclusion only records the content of violation or non-violation and that result is considered as a source of evidence for competent agencies to handle the case to carry out official handling of trademark infringement.

Documents to be provided to carry out procedures for handling trademark infringement

In order to handle violations, enterprises need to establish grounds for violations by providing Viet An Law with the following documents:

• Power of Attorney (according to the form provided by Viet An Law Firm);
• A notarized copy of the trademark registration certificate or documents proving the trademark ownership or the legal right to use the mark;
• The Enterprise Registration Certificate of the enterprise or Notarized identity card for trademark holder being an individual;
• Samples of products bearing the enterprise’s trademark;
• Samples of the infringing party’s products or documents evidencing signs of trademark infringement by the infringing party;
• Infringing party information: Business name, address, contact information (if any).
• Carrying out trademark assessment to have evidences to prove the infringement of the infringer against the protected trademark;

Step 1: Trademark inspection

After receiving Power of Attorney from businesses and individuals, Viet An Law will conduct trademark assessment procedures at the Institute of Intellectual Property Science.

• Look up, accurately identify the object of expertise;
• Look up and accurately determine the contents of the assessment request;

Duration: The normal trademark assessment time is 22 working days, or the fastest assessment is 03 working days.

Step 2: Consult the warning letter for the infringing party

After having the results of the Trademark Assessment, Viet An Law will issue a warning through the capacity of an intellectual property representative to request the infringer to stop the trademark infringement:

• Look up and accurately identify information of violating units;

Consulting, editing documents requesting the infringing unit to stop the act of infringing trademark.

• Representing the business to contact the infringing party to request termination of the violation.

Step 3: Request the competent authority to handle violations of the violating unit by administrative measures

• Representing to carry out handling procedures according to administrative violations: contacting and filing a request for handling of violations to competent state agencies: Market management agency, Sanitation and safety management agency food safety, Economic Police Agency, Science and Technology Inspector, …

Consulting service for handling intellectual property rights violations/trademark infringement handling of Viet An Law Firm

• Procedures for handling violations for acts of infringing upon trademark rights.
• Requesting violators to stop their violations;
• Trademark examination;
• Requesting competent state agencies to appraise and conclude on acts of violating the rights of intellectual property objects;
• Requesting competent State agencies to handle violations;
• Participating in legal proceedings as a lawyer to protect the rights and interests of clients related to intellectual property at a competent court.

For any difficulties and problems related to the procedure for handling Trademark Infringement in Vietnam, please contact Viet An Law Firm for detailed advice.