In the current context of globalization of commercial activities, trademarks are not only a useful marketing tool for businesses but also help businesses affirm their reputation with customers, creating a competitive advantage in the market. In the article below, Viet An Law will guide customers on how to research trademark status in Vietnam.
Pursuant to Clause 16, Article 4 of the Intellectual Property Law, it is stipulated that a trademark is a sign used to distinguish goods and services of different organizations and individuals, existing in visual or sound form.
The purpose of the trademark usage status research service is to review and evaluate whether the trademark has been used, registered for protection, and registered in which groups according to the Nice classification to evaluate the protection ability of that trademark in practice.
First, every year, the number of trademark registration applications filed at the National Office of Intellectual Property is more than 30,000 applications. Therefore, choosing a trademark that is not confusing or identical to previously filed trademarks is not simple.
Second, the time to carry out trademark registration procedures is currently pushed back quite a long time. Therefore, by searching, the applicant not only saves financially but also saves time (expected registration time is 24 – 36 months).
Fourth, although the research of A trademark is an optional procedure, to ensure successful registration, before applying, customers should still conduct a search procedure. The preliminary search is free of charge, the search time is from 01 – 02 working days, and clients can know the possibility of registering your trademark. Unofficial search results predict 80-90% of the trademark’s registration ability.
There will be two forms of search: preliminary search, and profound search. Depending on the needs of the business and the purpose of the search, choose the appropriate type of search.
When registering a trademark in the form of a figure, it is necessary to classify it according to 29 classes according to the provisions of the Vienna Classification Table 07. The image classification classes are divided into groups and subgroups for different types of figures. Trademark owners must perform specific classification according to Categories – Divisions – Sections before proceeding with trademark registration.
Classification table according to the Vienna Agreement
|Celestial bodies, natural phenomena, geographical maps
|Supernatural, mythical, imaginary, or otherwise unrecognizable characters
|Construction works, advertising structures,
gates or barriers
|Textiles, clothing, sewing materials, headwear, footwear
|Cigarettes, smoking supplies, matches, travel supplies,
|Furniture, sanitary equipment
|Lighting equipment, wireless electronic radios, heating equipment,
cooking or refrigeration equipment, washing machines, drying equipment
|Iron tools, tools, ladders
|Machines, engines, tools
|Telecommunications, recording or copying equipment, computers, cameras, camcorders, optical equipment
|Time measuring instruments, jewelry, scales and measuring instruments
|Transport vehicles and equipment for animals
|Containers and packaging, presentation of grocery products
|Materials for writing, drawing or painting, office supplies, stationery and books
|Games, toys, sporting goods, wooden horse rings
|Musical instruments and their accessories, musical accessories,
bells, paintings, engravings
|Weapons, ammunition, armor
|Badges, coins, emblems, symbols
|Decorative styles, decorative surfaces or backgrounds
|Geometric shapes and shapes
|Types of letters and numbers
|Sentences written with different characters
Because the preliminary search method is not 100% accurate, businesses can choose a profound search method. It can be understood that a profound search is a form of search performed by professionals working at competent agencies in evaluating/issuing protection titles.
For trademarks that are highly confusing and difficult to distinguish, businesses should choose a profound search through Law Firms.
Many registered trademarks have been granted protection titles (also known as Trademark Registration Certificates). However, for many reasons, the trademark owner does not continue to use the trademark or uses it inconsistently with the registered content. This situation happens quite a lot, especially with international trademark registration applications, with indications to register the application in Vietnam. This directly has an adverse impact on subjects who want to register identical or similar trademarks to develop their brands in Vietnam.
To handle the above situation, based on the provisions of Article 95 of the Intellectual Property Law, one of the grounds to request termination of a trademark registration certificate is to prove: “The trademark is not owned by the owner. The owner or the person authorized by the owner to use it for five consecutive years before the date of the request for termination without just cause, unless the use is commenced or restarted at least before the date of termination. at least three months from the date of request for termination”.
Therefore, in case of discovery, and to ensure the right to register a similar trademark to be filed later, the subject has the right to file a request to terminate the validity of the Trademark Registration Certificate of the corresponding mark. This procedure requires specific evidence, please contact Viet An Law for detailed support. If not done, a similar mark may be refused even if the previous reference mark has not been used for 5 consecutive years and has expired, as long as it has not been more than 5 years since the date of expiration.
Viet An Law is an intellectual property representative organization. Viet An Law will represent customers (through an authorization contract) to collect documents, prepare documents, submit documents, and respond to official dispatches of the Intellectual Property Office related to procedures for requesting termination. Terminate the validity of the trademark protection certificate.
Components of a dossier requesting termination of a trademark protection certificate include:
Industrial property representative – Viet An Law Firm is ready to provide services related to industrial property registration to support you, please contact us to receive the best advice.
#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam