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Regulations and procedures for sound trademark registration in Vietnam according to the amended Intellectual Property Law of 2022.
Protection of Sound Trademarks in Vietnam
A sound trademark is a sound mark used to distinguish the goods or services of different organizations or individuals. To be protected, a sound trademark must meet criteria for distinctiveness and not be identical or similar to unprotectable signs such as national flags, emblems, or anthems.
With the National Assembly’s passage of the amendment to the Intellectual Property Law in 2022, Vietnam officially recognizes the protection of sound trademarks.
Sound Trademark Registration in Vietnam
To register a sound trademark in Vietnam, you need to prepare a complete file according to the regulations of the amended Intellectual Property Law of 2022. The file includes a trademark registration form, the sound trademark sample as an audio file, a graphical representation of the sound, a list of goods and services according to the international classification, and any other relevant documents. The trademark sample must clearly describe its constituent elements and overall significance. If the trademark includes words not in Vietnamese, they must be transliterated or translated into Vietnamese.
The process of Sound Trademark Registration in Vietnam involves submitting an application to the Intellectual Property Office of Vietnam, formal and substantive examination of the application, and issuance of a protection certificate if approved. The entire process from submission to certificate issuance takes about 18-24 months. Sound trademarks are protected for 10 years and can be renewed.
For a smooth and lawful registration process, you can contact us for advice and support from intellectual property law specialists for quick and professional registration procedures.
Singapore Treaty on Trademark Law
The Singapore Treaty on Trademark Law was adopted on March 27, 2006, by the World Intellectual Property Organization (WIPO) to unify and simplify administrative procedures related to trademark registration and promote consistency in the international trademark system. The treaty applies to all types of marks that can be registered as trademarks, including sound marks, with the goal of protecting the rights of registrants and owners as well as consumer interests.
Regulations implemented by the treaty in 2010, effective from November 2011, set uniform standards for the registration of sound trademarks, including requirements for expression of the mark in musical notation, textual description, or audio recording.
Moreover, the treaty expands protection to non-traditional trademarks such as color marks, motion marks, three-dimensional marks, hologram marks, position marks, and non-visual marks like sound and scent trademarks. However, each country or non-governmental organization participating in the treaty reserves the right to limit the scope of protection for these non-traditional trademarks.
By joining the Singapore Treaty, countries commit to improving and harmonizing their trademark protection systems, thereby encouraging investment and promoting healthy competition in the global market.
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DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
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