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Trademark registration in Vietnam identical with the name of a protected plant variety

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 legal basis for the registration of trademarks that are identical or confusingly similar to the names of plant varieties already protected in Vietnam will not be protected.

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.

Distinguishing trademarks and plant variety names

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:

  • A sign that is visible in the form of letters, words, drawings, images, including holograms, or a combination thereof, represented by one or more colors;
  • Having the ability to distinguish the goods and services of the mark owner from those of other subjects.

 

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:

  • Consists only of numerals, except where the number relates to the characteristic or formation of the variety;
  • Violation of social ethics;
  • It is easy to cause misunderstanding about the characteristics and characteristics of that variety;
  • Easily misleading the author’s identity;
  • Identical or confusingly similar to a protected trademark, trade name or geographical indication before the date of publication of a plant variety protection registration application;
  • Identical or similar to the name of the product harvested from the same plant variety;
  • Affecting the pre-existing rights of other organizations and individuals.

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

  • This regulation has limited the conflict between trademark ownership and the protection of new plant varieties to avoid unfair competition in the field of industrial property. Accordingly, if the trademark applied for registration is identical or confusingly similar to the name of a plant variety already registered for protection in Vietnam and that mark is registered for goods being a plant variety of the same or similar species, or products obtained from the plant variety, will be deemed indistinguishable and denied protection.
  • This regulation is intended to prevent the plant variety patent holder or any third party from using the name of a plant variety with confusing similar/ identical elements to register it as an exclusive mark.

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!

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