Date: 08-06-2019 by: Banca IP Law Firm
What genres of marks are registrable and not registrable in Vietnam?
Like other countries’s trademark laws in the world, Vietnam examines a mark based on both absolute and relative refusal grounds, which are set in the Article 73 and 74 of Vietnam IP Law, respectively.
05 genres of mark that are registrable under the current Vietnam IP Law are as follows:
- Trademark including service mark means any sign used to distinguish goods and/or services of different organizations or individuals.
- Collective mark: means a mark used to distinguish goods and/or services of members from those of non-members of an organization which is the owner of such mark.
- Certification mark: means a mark which is authorized by its owner to be used by another organization or individual on the latter’s goods and/or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods and/or services bearing the mark.
- Associated mark: means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
- Well-known mark: means a mark widely known by consumers throughout the Vietnamese territory.
The following signs shall not be protected as marks under the Vietnam IP Law:
- Signs identical with or confusingly similar to the national flags, national emblems;
- Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviations, full names of State agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations or socio-professional organizations of Vietnam or international organizations, unless permitted by such agencies or organizations;
- Signs identical with or confusingly similar to real names, alias, pen names or images of leaders, national heroes or famous persons of Vietnam or foreign countries;
- Signs identical with or confusingly similar to certification seals, control seals, warranty seals of international organizations which require that their signs must not be used, except where such seals are registered as certification marks by those organizations;
- Signs which cause misleading, confusing or deceiving consumers as to the origin, functional parameters, intended purposes, quality, value or other characteristics of the goods or services.
If you or your client would like to find a trustworthy IP representative in Vietnam to deal with IP dispute cases, please consider to find out more about us or contact for further consultation. Banca is one of TOP 10 leading IP agents in Vietnam with over 20 years of experience. For further detailed services that we provide and adopt further consultation about trademarks registration in Vietnam jurisdiction, please contact us via details provided underneath:
Banca Intellectual Property Firm
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Compiled by: Banca IP Law Firm