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Research trademark in Vietnam

Research trademark in Vietnam is to check the possibility of trademark protection in Vietnam. This procedure is not mandatory but always be one of the top issues of concern for trademark owners around the world. Viet An Law, as a legal Intellectual Property Representative in Vietnam, would like to inform you about this issue in Vietnam today. If you are a law firm – IP agent wanting to apply for trademark registration for clients in Vietnam, please contact us for the most reasonable and competitive service fees with the best service quality.

registered trademark

Reasons to research trademarks in Vietnam

Make sure the trademark is not identical or confusing

The trademark search will help check whether the mark that individuals or businesses wish to register is “duplicate or confusingly similar” with other registered trademarks to provide a reasonable solution to modify so that the mark intended to be registered is capable of granting a protection title.

Avoid unnecessary time and expense

  • The number of trademark applications filed at the National Office of Intellectual Property every year is very large. Therefore, it is very important to select trademarks that are not similar or identical to those previously filed.
  • In case the search results are not satisfactory for the possibility of registration, this will help the applicant avoid spending money to conduct the registration as well as the time waiting for the NOIP to review the application (besides the time for researching and creating a new brand).

Check accuracy before applying

After registration, the search will help individuals and businesses to check whether the information in the granted trademark certificate is correct with the data in the information system of the National Office of Intellectual Property; in case of any errors to correct them promptly.

Objection to an application for a trademark that is similar or intentionally infringes upon a well-known, reputable mark

Trademark search helps trademark owners, especially reputable and well-known trademarks, check whether newly filed trademark applications have signs similar to their own granted trademark or not, then carry out the procedure to oppose trademark applications for trademarks showing signs of infringing upon their rights.

Check the status of your trademark application

After filing an application, the owner who wants to check the filing status can also perform a trademark search to know the stage of the application status of the trademark application.

How to research a trademark on the website of the National Office of Intellectual Property

To check the protectionability of a trademark, customers can do it by themselves by accessing the online industrial property database of the National Office of Intellectual Property or the World Intellectual Property Organization to research.

Step 1: Access the website of the National Office of Intellectual Property or the World Intellectual Property Organization according to the following links:

http://wipopublish.ipvietnam.gov.vn/

Or

http://wipopublish.noip.gov.vn

Step 2: Enter the trademark information to research

According to the latest search data of the National Office of Intellectual Property, the search fields are more limited than before: However, here the searcher can research the intended trademark or registered trademark.

For marks intended or about to be registered for protection

The searcher should be interested in the following fields

  • Trademark: enter the name of the brand you want to research
  • Group of goods/services: According to the Nice Classification table of trademark.

For registered trademark research

In addition to the fields mentioned above, need to add some fields below, to make the research happen faster:

  • Application number: (if submitted, enter the application number)
  • Applicant/Certificate Holder: If submitted, enter the correct applicant/license holder name
  • Representative: search for submitted application

How to research a trademark on the site of World Intellectual Property Organization (WIPO)

http://www.wipo.int

A pre-application search for existing trademarks is the first step to take. If the trademark infringes the intellectual property rights of others or violates national laws, the trademark may be refused registration.

Before submitting an international application through the Madrid system, it is advisable to search for identical or similar marks already existing (or pending) in the target market.

Use this guide to learn how to search the WIPO’s Global Brand Database (WIPO’s Global Brand Database) before filing a trademark application and how to search the trademark registers of the national and regional trademarks.

WIPO’s global database allows you to research trademarks registered under the Madrid system, Appellations of Origin registered under the Lisbon system and symbols protected under Article 6ter of the Paris Convention. Several national trademark databases are also integrated in this database. Through this facility can:

  • Execute a query for multiple data sources at the same time;
  • Find out similar or identical word marks through various search features such as “true-false”, similar, root word, phonetic and “nearly similar” research;
  • Research identical or similar image marks using the image search function.

Do a trademark search before filing an application for explore identical or confusing mark. It is better to detect an identical or similar trademark before the application is filed than after the application is filed. This information will enable the submitter to make appropriate decisions. It is important to identify identical or similar trademarks:

  • Whether or not to register for identical or related goods or services;
  • Whether the subject of a filed application or a valid registration.

If the trademark is the identical or similar but the registration for unrelated goods/services, you may decide to continue the registration. Similarly, if the mark is the subject of a rejected application or of an lapsed registration, you can also continue with the registration process.

In-depth trademark research

The intensive search is a completely optional procedure on the part of the applicant. However, this procedure should be carried out as it is the first and important step in the preliminary assessment of whether a trademark should be filed for protection.

However, the trademark search is for reference only and is not a basis for granting or not granting a degree (partially related to the priority right of trademark registration).

Dossier to research trademark customers need to prepare

03 trademark templates with size larger than 3x3cm, not exceeding 8x8cm.

In-depth trademark search procedure

Through Viet An Law Firm, the time is from 1-3 working days.

To assist businesses and individuals in establishing trademark rights for their goods and services before they go to market in the fastest and most professional way, Viet An Law guides the process to research trademark in Vietnam for your goods and services.

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