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

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!