Enterprises and individuals, when participating in business activities, often choose their own names. Such names are referred to as trade names when they are registered with the state agency in charge of industrial property rights. According to current law, a trading name is defined as follows: “Trade name is the name of an organization or individual used in business activities to distinguish other business entities in the same field and business area”.
To be registered at the agency with the right of way, a trading name must meet the following conditions:
A trade name is protected if it can distinguish the business entity bearing that trade name from another business entity in the same field of business and the area of business.
Concerning the distinctive ability of a trading name, a trading name is considered distinctive if it satisfies the following conditions:
- Contains a given name component, except where it is known through use;
- Not to be identical or confusingly similar to a trading name that someone else has previously used in the same business field and area. The business field here is understood as the business industry; a Business area is a geographical area where business entities have clients, customers, or reputations.
- Not identical or confusingly similar to another person’s trademark or with a protected geographical indication before the date the trade name is used.
Besides, trade names, even though they meet the above conditions, may not be registered when it is in the case of an unprotected object as a trading name, that is: Name of a state agency, Socio-political organizations, socio-political-professional organizations, or other subjects not related to business activities are not protected in the name of trade names.
There is advice from Viet An Law on conditions for the registration of trade names. Customers who have questions or need to use legal services related to this issue can contact Viet An Law directly for prompt answers and support. Viet An Law is an industrial property representative business with more than 10 years of experience in the field of Vietnam intellectual property & Vietnam investment and a team of professional lawyers will bring you the best legal services.
