When choosing a trademark for a product or service, understanding the signs that are not usually accepted for registration is crucial. Trademark applications are often rejected on "absolute grounds" in the following cases:
CASES NOT SUBJECT TO TRADEMARK PROTECTION
- For example, if you register the trademark "Laptop" for a laptop product, the application will be rejected because "Laptop" is the generic name of the product.
- Words that are commonly used to describe products, such as "FRESH" for vegetables and fruits, will be rejected because of their descriptive nature. Terms that refer to quality or praise products such as "FAST" and "PREMIUM" will also be objected to, unless they are part of a distinguishable trademark. In this case, a "Disclaimer" may be required to assert that there is no intention to exclusively protect that part of the trademark.
- For example, marketing orange juice with a label that describes it as "Florida" may be disapproved because it misleads consumers into thinking that the product is from the state of Florida.
- Words and illustrations that violate moral and religious norms are not accepted for registration.
- These trademarks that have been notified to the WIPO International Office will be excluded from the subject of registration.
In addition, the application can be rejected on "relative grounds" if the trademark conflicts with the rights of the pre-existing trademark. If your trademark is identical or confusingly similar to the registered trademark for the same product, it will be rejected or canceled. So avoiding using trademarks that risk being perceived as confusingly similar to pre-existing ones is a smart solution.
Trademark Registration Process in Vietnam through an Industrial Property Representative Organization
Registering a trademark through an industrial property representative organization makes the process more convenient and efficient. Here are the detailed steps in this process:
- Preliminary consultation: The representative organization will provide an overview of the trademark registration process, legal requirements, and check the registrability of the trademark to be registered.
- Prepare documents.
- Trademark sample (image of the trademark to be registered).
- The list of goods and services that need to be registered according to the International Classification Table (Nice).
- Trademark registration application according to the form.
- Power of attorney for the representative organization to file the application on their behalf.
- The representative organization will submit the trademark registration dossier directly or by post to the Intellectual Property Office of Vietnam in Hanoi or representative offices in Ho Chi Minh City or Da Nang.
- The dossier can also be submitted online via the e-filing system of the Intellectual Property Office of Vietnam.
- The Intellectual Property Office of Vietnam shall check the validity of the dossier.
- If the dossier is invalid, the Department will notify the representative organization and the applicant to amend and supplement.
- After the dossier is valid, the trademark registration application will be published in the Official Gazette of Industrial Property.
- The time for publication is 2 months from the date of acceptance of a valid application.
- The Intellectual Property Office of Vietnam appraises the protection standards of the trademark.
- If the application satisfies the protection conditions, the Department will issue a decision to grant a certificate.
- If the application is denied, the representative organization will assist the applicant with a complaint or request a re-examination.
- After the application is accepted, the applicant must pay the granting certificate fee.
- The Intellectual Property Office of Vietnam shall issue a certificate of trademark registration to the applicant.
- The trademark registration certificate is valid for 10 years from the date of filing the application and can be renewed several times, each time for 10 years.
- The trademark owner shall be responsible for monitoring and protecting trademark ownership, handling trademark infringement if any.
- Professional advice: Supported by experienced legal experts in the field of intellectual property.
- Time-saving: The representative organization will perform complex legal tasks, which saves time and effort.
- Minimize risks: Avoid errors in the preparation and filing process, increase the likelihood of success when registering a trademark.
- Comprehensive support: Including following, renewal, infringement handling, and trademark-related dispute resolution.
Using the services of industrial property representative organizations such as A Dong IP can help businesses protect intellectual property rights more effectively and professionally.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
