RIGHT TO REGISTRATION OF TRADEMARK IN VIETNAM

According to the IP law, right to registration of a mark as follow:

      1. An organization or individual shall have the right to registration of a mark to be used for goods or services he or she produced or supplied.

      2. An organization or individual legally engaged in the trade in a product produced by a third party shall have the right to registration of a mark to be used for the product, provided for the producer neither uses such a mark for the product nor objects to such registration.

      3. A collective  organization  legally established  shall  have  the  right  to  registration  of collective mark to be used by its members in accordance with the rules on using collective mark.

          With  regard  to  a  sign  indicating  the  geographical  origin  of  goods  or  services,  the organization that has the right to registration shall be the collective of organizations or individuals engaged in the production or trade of goods or services in the relevant locality.

      4. An organization with the function to control and certify the quality, characteristics, origin or other relevant criteria of goods or services shall have the right to registration of a certification mark provided that such organization is not engaged in the production or trade of such goods or services.

      5. Two or more organizations or individuals shall have the right to jointly register a mark in order to become the co-owners thereof, provided that:

           a)   The use of such a mark shall be on behalf of all of the co-owners or shall be for the goods or services of which all of the co-owners are engaged in the production or trade;

           b)  The use of such a mark shall not cause any confusion to consumers as to the origin of goods or services.

      6. A person who has the right to registration as provided for in paragraphs 1 to 5 of this Article, even after filing registration application, may assign, in writing, the right to other organizations or individuals by way of a written contract for bequest or bylaw inheritance, provided that the assignee satisfies the respective criteria applicable to person having the right to registration.

      7. With regard to a mark being protected in a member country of an international treaty which prohibits the representative or agent of a mark owner to register such mark and of which  the  Socialist  Republic  of  Vietnam  is  also  a  member  country,  then  such representative or agent shall not be permitted to register such mark unless it is so agreed by the mark owner, except where a legitimate reason is available.

          If your have any question in relation to the above matters, please inform, A Dong IP will explain more.

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: adong-ip.com