What is a Trademark?

A trademark is a type of intellectual property. A trademark also commonly known as a trademark, trade-mark or a mark. A trademark consists of a recognizable sign, design, or expression which identifies products or services of a particular company and helps in distinguishing the products from those of others. The symbols ® ‘the registered trademark symbol’ and ™ ‘the trademark symbol’ are generally used to indicate trademarks; the former is only for use by the owner of a trademark which is registered.

Register trademark in Vietnam

The trademark can be owned by:

-An individual,

-Business organization,

-Or any legal entity

When a trademark is registered, it confers an exclusive right to the owner to use the registered trademark. Thus it can be said that the trademark can be used by his owner exclusively, or it can be used by a person licensed for use in return of valid consideration.

Complete assignment

In this type of assignment, all the rights are completely transferred by the owner to the assignee.

The assignee has got all the rights including rights such right to further transfer and right to earn royalties.

Partial assignment

In this type, the assignment of the trademark is made to the assignee, but with respect to only some of the goods/ services, the transfer of ownership of the trademark is restricted to specific goods or services only. The rights are not transferred completely.

Assignment with goodwill

In this type of assignment, there is also a transfer of goodwill of the product with the trademark. In this, the valuation of goodwill is calculated differently in the agreement.

Assignment without goodwill

 In this type of assignment, goodwill of the product is not transferred along with the assignment of the trademark; in this, the owner of the brand restricts the rights of the assignee and does not allow him to use such trademark of the brand for the products being used by the assignor. Such an assignment is also referred to as a gross assignment.

When can a Trademark be assignerd?

A trademark can be assigned in the following situations

The Death of the Trademark Owner

Whenever the owner of the trademark i.e. the assignor dies, its ownership is passed on to the successors of the previous owners in a will or intestate. The condition is that the Trademark must be valid and should not have been abandoned by the previous owner.

Sale of Business

 Intellectual properties are assets for the company, just like all properties, even the trademark can be sold with the company. Provided it is registered under the company’s name. If a party acquires trademark rights of a company by acquiring a business with regard to the sale of assets of the company, the intellectual properties are also said to be transferred.

Change of the owner of businesses

When two companies decide on having a merger or an amalgamation of the company, a notification is sent to the registry. All the intellectual property of the acquired company are transferred to the new owner through the trademark assignment agreement between the parties.

Change in Form of Business

Whenever a business plan on changing its form of business or its business structure an assignment is a boon for those businesses.

If you are looking for an experienced trademark attorneys in Vietnam to help you with your trademark application, you should visit ANT Lawyers.vn. Our attorneys have experience with the trademark process and will work closely with you as you apply for your trademark.

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What happens if I have a trademark without registering?

Trademark registration provides protection and exclusive rights to the owner of a Trademark in relation to his goods and services used commercially.

Trademark registration services in Vietnam 

A Trademark differentiates the identity and brand name of a business and separates the goods and services of a business from that of other similar goods or services in the market.

If your Trademark is not registered, it can be easily infringed upon by someone. In such case, you cannot file an infringement suit, but only claim remedy for passing-off. Passing off in trademark is when infringement of an unregistered trademark happens. The mark is not only deceptively similar to the trademark of other company but also creating confusion for the customers, which ultimately results in damage to the business of company.

Legal Remedy In Case Of Passing Off

The trademark owner can file a suit in district court/ High Court within the local limits of the jurisdiction, where the person instituting actually and voluntarily resides or carries on business or personally works for gain.

Where the passing off does not involve the use of trademark or where there is no sale of goods, the suit may be filed in a subordinate judge’s court or a court of superior to it. The plaintiff in a suit for passing off must be the owner of an unregistered trademark which has acquired reputation in relation to some goods or the owner of the goodwill in a trade name, or get-up relating to some goods or business or profession.

The defendant in the suit must be a person who has passed off or whose activities are likely to pass off his goods or business as the goods or business of the plaintiffs. Passing off actions may be instituted by many plaintiffs in a representative capacity provided there is a common interest, common grievance and a remedy beneficial to all. The rules governing the preparation of the plaint and the subsequent proceedings are the same as in any other suit and are governed by the Code of Civil Procedure.

If you are looking for an experienced Trademark attorneys in Vietnam to help you with your trademark application, you should visit ANT Lawyers.vn. Our attorneys have experience with the trademark process and will work closely with you as you apply for your trademark. We routinely match inventors with experienced Trademark attorneys for a free consultation on our platform and offer a money back guarantee.

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What is the meaning of trademark?

What is a Trademark?

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Trademark in Vietnam

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Compani­­es Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

The registration process is the same for both trademarks and servicemarks.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.   Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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What To Do When the Trademark Certificate is Misplaced?

Trademark is a type of asset of individual and organization. To be officially recognized as an owner of that trademark, the applicant needs to submit the trademark registration dossiers to National Office of Intellectual Property in Vietnam (NOIP), pay the examination fee and certificate issuance fee to receive the trademark certificate.

Register trademark in Vietnam 

The trademark owner needs to have the consciousness of protecting the trademark certificate. However, if unfortunately, the trademark certificate is misplaced, lost or damaged, torn, stained or faded out that it can no longer be used, the trademark owner may submit the dossier to NOIP to request for regranting the trademark certificate.

The specific required documents for re-granting the trademark certificate are:

-The declaration for regranting the trademark certificate;

-01 mark specimen;

-Power of attorney (if submit the dossiers via IP agent).

NOIP will consider the dossier within 01 month from the date of submitting. In case the dossier satisfies the provisions of law, NOIP will issue the decision to regrant the trademark certificate and record into the National Register of Industrial Property. The information in the duplicate version of the trademark certificate will present sufficiently the information in the first-granted trademark certificate and attached with the phrase “regranting version”.

In case of request for regranting the trademark certificate does not meet the provisions of law, NOIP will issue the denied decision and clearly sates the reasons.

If the client needs any other information or requires for further advice, our IP attorney in Vietnam at ANT Lawyers, the IP agent in Vietnam will be available for service.

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What do you need to register a trademark?

What material is required to register a trademark?

The two main things you need to register for a trademark are money and a little homework. The homework comes into play when selecting your mark. You need to first conduct a trademark search to assure it’s available for use. After doing the search, you need to ensure that you have a mark that can be protected in the first place. Not all marks are may be protected, for whatever reason, whether another owner has a legal claim to it or because it is too weak, or anything in between. In your application make sure to include (as per the USPTO website):'

Trademark protection in Vietnam

-A completed application form submitted in hard copy or electronically as noted above.

-The appropriate fee.

-A drawing of the mark to be registered - this is true even if the mark is just an unstylized word.

-Specimens of use of the mark if the application is based on actual use in commerce.

Although it’s not required, it’s highly recommend hiring an IP attorney to guide you through this process. There are many requirements, strict deadlines, and non-refundable filing fees, all in a system that is not forgiving in case you mess up. An attorney will do the research to make sure the mark isn't already taken, ensure the filing gets accepted by the USPTO, and provide sound legal advice throughout the whole process.

Source: Raad Ahmed

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How can i protect trademark around the world?

If you want to protect your trademark around the world you should keep in mind one thing - trademarks are territorial. The registration of your trademark in one country doesn’t mean protection in the whole world. If you want your mark protected worldwide you have to register it in each country of the world but this is such an expensive and long process.

Trademark in Vietnam

The most cost-effective decision will be the registration of your mark in the countries where you already have or plan to have your business.

Also, there are some opportunities for those who want to register their brand in the European Union countries - a EU trademark which includes the registration of your mark in all 28 European Union countries. One more advantage is that applying for a EU trademark is much cheaper than for each EU country separately. But you should remember that your registered trademark must be used in commerce, otherwise, it can be canceled.

Source: Quora 

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The Benefits of Registering the Trademark

The claim of ownership: Registering your trademark gives you the mark of ownership, which essentially means, that you retain the exclusive use of the mark and no one else can use it. Thereby, helping you establish your brand more effectively.

Trademark in Vietnam 

Listing in IP Vietnam’s Database:

Being listed on IP Vietnam’s online database ensures that others know that you own the mark and have exclusive rights to using it. It acts as a deterrent against possible misuse.

The right to use the ® symbol:

Once your trademark has been registered; you have the right to use the ® symbol which shields your trademark from infringement by granting it legal protection.

Sell and License your brand:

Having a trademark can help you sell and license your brand and also helps in brand recognition.

Protects from unfair practices:

 It secures your business from unfair practices such as the use of deceptively similar marks by rivals that could hurt your brand’s image. A trademark gives you legal protection from such unfair practices.

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What are the limits as to what can be trademarked?

There are certain limits to get a trademark registration. Here we can understand that what can be a trademark or what can’t be a trademark. First of all you should remember that, if a brand name is not a part of trading than the word can’t be a trademark, it means the trading is the compulsory to get a trademark to be registered. In a simple words we can say;

Trademark protection in Vietnam 

-A trademark can be a name, symbol, shape, colour, tunes and packing of products.

-A Trademark should not be a generic name, it means trademark should be an invented or coined.

-A Trademark should not contain the words related to religious sentiments.

-A trademark should not be conflicting trademarks with others. It means the trademarks should not create confusion between two trademarks.

-A Trademark that discrib the good or service and give the consumer an idea about the quality, quantity or geographic origin of the particular good or service. Descriptive trademarks cannot be registered.

Apart of all above there few more criterias that should be consider before filing a trademark. Therefore you should contact to your attorney.

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

Source: Quora

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What cannot be registered as trademark?

A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can't be trademarked. A trademark should not be a conflicting trademarks with others. It means the trademarks should not create confusion between two trademarks. In general,

Trademark protection in Vietnam 

-Generic words can't be trademarked. For example you can't trademark the words like TV, Fridge, scooter, car etc.

-The names of the cities and countries can not be trademarked.

-The names of Gods and Godesses and the names of religious books can not be trademarked. For example you can't trademark *Lord Ram* or *Ramayana*

-Surnames can not be trademarked under normal circumstances. For Example you can't trademark *Sharma*

-Names of Constitutional Posts or Government posts can't be trademarked. For examples you can't trademark *Prime Minister of Vietnam

-Words which denote illegal or Immoral acts can't be trademarked. For example you can't trademark *Let's cheat* or *Let's grope*

-Words which are prohibited under names and emblems act can't be trademarked. For example, you can't trademark the official sign of Government of Vietnam.

Hope this helps!

Source: Quora

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Process for Trademark registration

A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks.Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives right to the mark and allows the holder to file lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years.

Trademark protection in Vietnam 

Process for Trademark registration

Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.

If not opposed then the Trademark registration certificate will be given.

Documents Required for Trademark Registration

-Date of using the Logo/Tagline (Any supporting document for the same)

-Power of Attorney signed by the applicant

-Softcopy of the Logo/Tagline

Source: Quora

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What is the importance of trademarks?

A trademark is any sign that individualizes the goods or services of an enterprise and distinguish them from the good or services of the other similar goods or services available in the market or in simple language it is anything that helps in differentiating a product in the ocean of similar or same category of products.

Trademark protection in Vietnam 

Although it is not mandatory and is most often ignored by the entrepreneurs but it remains one of the most important asset of any business.

Some of the important reasons are.

An important tool for effective communication: It is a proven fact that an average consumer identify and remember any brand more easily and effectively through its logo. Your mark can convey intellectual and emotional messages about you, your company, its products or services. A mark need not be a word to be identifiable. It can be a symbol, sign or combination of colours etc. Like “swoosh” design of Nike is recognized worldwide although it doesn’t have any word on it.

Trademark enables your customer to locate you: In this open economy the market place is crowded and consumers have too many options for one single product or service. Trademark proves to be an efficient tool to capture consumer’s attention and make your products and services stand out. Consumer viewing a trademark immediately know who they are dealing with. Often reputation of a particular trademark play a critical role in customer’s purchasing decision.

Trademark facilitates to effectively utilize the internet and various social media platforms: We all very well know how important is to have an online presence in this era. Your brand name is the first thing any customer enters into google or social media site like Facebook, twitter to know about your products and services and basis his decision on the published information.

Trademark is a valuable asset: A trademark fall under class of intangible asset and can appreciate over time. The value of any trademark is directly co-related to the reputation of business. Trademark paves the way for expansion from one industry to another. For example - Titan the homegrown brand for watches has become so popular over time and they used the same trademark to launch their eyewear range in recent past. It helped people to attribute same trust to this newly launched brand which titan watches have and this helped in boosting the company’s ambition for expansion. Trademarks similar to real estate can be bought, sold, licensed or at times used as security interest to secure a loan for your business.

Trademarks are perpetual (i.e they never expire) : Unlike other forms of intellectual property, trademark can exist for entire life of your business provided you renew it after every 10 years.

Source: Quora

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How do I protect intellectual property for my software?

First, you must protect the code. You must have agreements with the developers, confirming that any code they will develop working on your project is your sole property. This is a must. You might want an attorney to draft the agreement. Copyright will protect the code once it is created, you might get an official protection. However, you will have to publish the source code, in this case.

Software Compliance Lawyer in Vietnam

Second, you must protect the trademark (this can wait if you are low on cash). It has to be protected, otherwise someone else can monetize on your success, nonetheless, you can protect it once your software starts selling. However, I do recommend checking if the name is available prior to naming your software, it might be painful to change the name when the software is published.

Third, you can protect some features of your software with patents. Patents are the main reason why Microsoft is flourishing.

Source: Quora

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

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