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Trademark registration in Vietnam from descriptive signs

According to the provisions of the Intellectual Property Law, a descriptive sign is not capable of distinguishing when registering a trademark. Due to the inability to distinguish, the trademark registration from descriptive signs in Vietnam successfully consists mainly of descriptive components which is always difficult.

The following descriptive elements are considered indistinguishable:

  • Characters of Latin origin but the sign consists of only one letter or consists of only numerals, or, despite the presence of two letters, cannot be read as a word – even when accompanied by numbers; unless such signs are presented in graphic or other special form.

For example:

          BT     AA    DC2

  • A set of too many letters (including numerals) or words that cannot be recognized and remembered, such as a sequence of too many characters not arranged in a definite order, pattern, or a piece of text.

For example:

          BGMHCK

  • Although it is of Latin origin, it is a meaningful word and the meaning of that word has been used a lot and is common in Vietnam in the field related to the level of indistinguishability.

For example:

Nylon (fabric)

  • A word or a set of words used in Vietnam as the common name of the related product or service itself.

For example:         

Hotel                     Inn                        Resort

(hotel service, accommodation service)

Perfume                Cosmetic

(perfume cosmetics)

  • A word or a set of words containing the content describing the product or service itself, such as a sign indicating the time, place, or geographical origin (except for the case where the mark is registered as a collective mark or certification mark related to the geographical origin of the product), production method, type, quantity, quality, nature (except where the registered mark is a mark certifying the quality of products, services), composition, uses, value of products or services.

For example:

German Technology

Japan quality

(for products corresponding to these contents)

Excellent               Perfect

High quality service

  • A word or a set of meaningful words describing the legal form, business field of the trademark owner.

For example:

Group              Corporation     Co., Ltd.                         Joint Stock Company

  • A word or set of words that is widely used;

For example:

International                  Global

  • In case the word mark contains a descriptive element which is written immediately: in case of writing immediately but creating a separation due to the use of different colors and different font styles; written consecutively but clearly described are rejected (Example: BESTCARE, Super Quality).

For trademarks containing descriptive elements, the applicant should add elements of design, arrangement, images, etc. to create a discriminable whole.

For example: Trademark Pho 24 VIETNAMESE PHO NOODLE, image approved by the NOIP to grant a protection title number 4-0257145-000 for services in group 43.

logo-pho24

Specifically: the brand contains a descriptive ingredient that is Pho (product description and supplier), 24 (indistinguishable digits), the ingredient VIETNAMESE PHO NOODLE has the meaning of product description. However, when combined into a whole with a different arrangement of the trademark application, the trademark holder achieves distinctiveness and is approved for the grant of a diploma.

This article is our advice on trademark registration in Vietnam from descriptive signs. Clients need to register a trademark, please contact Viet An Law Firm for detailed advice!

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