In addition to regulations on anti-conflict in establishing rights between trademarks and trade names, trademarks and copyrights, the provisions against conflicts between trademarks and protected plant variety names are one of the New points of the Law on Intellectual Property, as amended and supplemented in 2022.
The Intellectual Property Law of 2022 has added point o) to Article 74.2 to assess the ability to distinguish between trademarks in relation to plant variety names. Accordingly, trademarks registered to be identical or confusingly similar to the names of plant varieties already protected in Vietnam will not be protected.
| Trademark | Plant variety name |
| Trademark is a sign used to distinguish goods and services of different organizations and individuals.
Trademarks are protected if the following conditions are met:
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The registrant must propose a suitable name for the plant variety with the same name as the name registered in any country when applying for protection.
The name of a plant variety is considered appropriate if it is readily distinguishable from the names of other widely known cultivars of the same or similar species. The name of the plant variety is not considered appropriate in the following cases:
Organizations and individuals that offer for sale or put on the market propagating materials of plant varieties must use the name of the plant variety as stated in the protection title, even after the end of the protection term. When the name of a plant variety is combined with a trademark, trade name or indications similar to the name of a plant variety that has been registered for sale or put on the market, such name must still be recognizable. Easily. |
The meaning of regulations on refusing protection of marks that are identical/ confusingly similar to the name of a protected plant variety in Vietnam
Clients wishing to register trademarks, register for the protection of new plant varieties, please contact Viet An Law for the fastest support with the most reasonable cost!
