How do I know if something is copyrighted? What should I know about copyright law?

As the other answers already noted, neither names nor words can be copyrighted. A copyright protects art displays, performances and written works (this extends to modern technology such as websites, illustrations, television and film). Copyright in Vietnam  The protection of words, marks and names is done with registered trademarks. Just like the official copyright symbol is a “C” inside a circle, the registered trademark symbol...

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What is copyright and plagiarism, and how does the law/system regarding this work?

Copyrightis the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, or to make derivative works, and to authorize others to do the same. Copyright infringement is illegal in most countries. The details copyright infringement laws vary from country to country, but in the United States, the legal penalties for copyright infringement that the...

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How do I know if something is copyrighted, such as a name or word? What should I know about copyright law?

Copyright is the exclusive legal right, given to a creator to copy, print, publish, perform, film, record, or make derivative works of their creative work, and to authorize others to do the same. This prevents other people from using someone else’s creative work (novel, poem, play, song, photograph, painting, movie, software) without compensating them for the creator’s effort. Copyright in Vietnam The United States and some other countries do...

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ANT Lawyers Joined with International Law Firms in Hong Kong on Dec 7th, 2018

In order to meet the legal demand arising from oversea investors, ANT Lawyers representative, Managing Partner Mr Tuan Nguyen has signed cooperation agreement with other international law firms in Hong Kong on Dec 7th, 2018 to provide legal support and service across numerous countries. The lawyers are from Hong Kong SAR, the United Kingdom, Myanmar, Thailand, Vietnam, Malaysia, Taiwan, Macau, China (Beijing, Shanghai and Chengdu) have met...

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How do you go about getting a patent and trademark?

A trademark is registered at the Trademark Office in the country(ies) you want are currently doing business in or selling product in. You have to already be using that name or logo in “trade”, and then you can register it.  Trademark Lawyers in Vietnam While it is possible to do this yourself, it really is best done through a lawyer who has experience in this. It is not unusual for lawyers to just offer a flat rate for the process, on...

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What are the risks of using a trademarked brand name in a domain name?

Having a trademark brand in your domain name is a risk. If the domain was registered before the trademark was, then your registrar may stand behind you and will not immediately transfer the domain to the company which is complaining about trademark infringement. In this case, you may ask for a monetary compensation before transferring domain ownership, though you should have a lawyer look at your case. However, if your domain name was registered...

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How can you buy someone else's trademark?

Mr. Sivochek’s answer is correct and I have little to add. You cannot buy just the trademark registration in the U.S.; you must by the whole business and goodwill associated with the mark that is registered. Naturally, that business must still be functioning and the mark still in use in U.S. Commerce as well. Anything less, and you are buying just the piece of paper that comprises the registration certificate and therefore little, if...

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How do you trademark a word that you made up?

The requirements to register a trademark are: That the mark be used to describe a service, product, business. That it be used as a brand. That the item being named by the trademark is in business or currently available to purchase. That is, that it is currently used “in trade”. Register trademark in Vietnam That your application describe the product or business sufficiently that the trademark office can assign it to a specific class...

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Why do copyrights last so long?

I strongly recommend that interested parties read this full article on Wikipedia covering copyright law and its evolution: History of copyright law The good old House of Lords in England made the call in the mid 1700's that both Public Domain and statue-defined Copyright existed. France and the US were also grappling with how to promote, protect and ultimately share with the public any works. Remember, before this only a specific publisher...

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How do I trademark and copyright my logo and wordmark?

Henry Thoreau once said: "It's not what you look at that matters, it's what you see." So let's clarify some terms and definitions first, to make sure we are on the same page here and that you see the same things I see. Trademark in Vietnam When speaking about "logos" and "word marks", it is important to realize that those terms are not interchangeable, from a trademark attorney's perspective. There is a clear legal distinction. By definition,...

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Are eBooks protected by copyright?

Copyright, with regard to e-books, is a legal means of protecting them from being freely redistributed or unfairly used. In the days of the Berne Convention, when copyright was initially introduced, books were printed, material products. Copyright in Vietnam Though today, books take on a whole new life with electronic formats, readers, and platforms, the copyright laws that protect a writer’s work from being stolen, shared,...

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Vietnam Ratifies the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Vietnam has recently ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP (before Trans-Pacific Strategic Economic Partnership Agreement – TPP. This Agreement was signed on 08 March 2018 in Santiago, Chile including 11 countries New Zealand, Canada, Japan, Mexico, Singapore, Brunei, Chile, Malaysia, Peru, Australia and Vietnam. Law firms in Vietnam TPP was initially expected to form a largest free trade...

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What is the difference between a trademark and a wordmark?

We have established that a wordmark is a logo, but not every logo is a wordmark. A wordmark or logotype is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding. A trademark on the other hand can be a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.  Trademark...

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How can I avoid trademark infringement?

Avoiding a trademark infringement from occurring is crucial to building up trust in the market. There have been instances where brands have unknowingly infringed on other brands due to a variety of reasons. The best way to avoid infringements is to compare the trademark, study related products and services, checking the strength of the mark and learning from the existing confusion among consumers, all of which we have briefly covered...

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The Cases of Transferring Money from Vietnam Abroad

In the context of international economic integration, more and more foreign investors are coming and investing in Vietnam. Besides, many Vietnamese individuals and organizations have also implemented many investment activities, living, traveling… abroad. Therefore, there are needs to transfer money fromVietnam abroad. According to the provisions of Vietnamese laws on foreign exchange management, domestic individuals and organizations are allowed...

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Why Trademarks Are So Important

Trademark is a sign for consumers to identify the goods or services of each company from those of others. Trademarks are an important part of client company’s competitive edge. As consumers, our purchasing decisions are constantly influenced by trademarks. As business people, we should have a better understanding of why trademarks are so important to effective commerce. Trademarks are also used as a way of protecting consumers. When businesses...

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