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According to Article 75 of the Intellectual Property Law, amended in 2022, the criteria for evaluating famous trademarks in Vietnam include the following eight criteria:
Consumer Awareness
Description: This criterion measures the degree of consumer awareness of the trademark. A famous trademark is widely known through the purchase, use, or advertising of the goods or services bearing the trademark.
Evaluation Method: Market surveys to measure consumer awareness. Data on the number of people who know the trademark through media and advertising channels are also important.
Geographical Scope of Goods/Services Circulation
Description: This criterion considers the geographical extent where the trademarked goods/services have been circulated.
Evaluation Method: Check the markets the trademark has penetrated, including domestic and international markets. Statistics on the number of countries and territories where the trademark is present.
Sales Revenue or Quantity of Goods Sold/Services Provided
Description: Sales revenue and the number of services provided indicate the trademark’s success and popularity in the market.
Evaluation Method: Analyze financial reports and business data, including sales revenue and the number of products/services consumed.
Duration of Continuous Use
Description: The continuous use of the trademark over time is an important factor in assessing its stability and reputation in the market.
Evaluation Method: Review the history of trademark use from its initial introduction to the present. Longer use indicates stability and reliability.
Widespread Reputation
Description: The reputation of the goods/services bearing the trademark is reflected in product quality and customer satisfaction.
Evaluation Method: Collect customer reviews, consumer feedback, and reputation rankings on online review platforms. Awards and certifications are also evidence of this criterion.
Number of Countries Protecting the Trademark
Description: This criterion examines the global legal protection scope of the trademark.
Evaluation Method: Check the number of countries where the trademark has been registered and protected through national and international intellectual property offices.
Number of Countries Recognizing the Trademark as Famous
Description: The number of countries recognizing the trademark as famous indicates its global recognition and influence.
Evaluation Method: Check the list of countries and international intellectual property agencies that have recognized the trademark as famous.
Economic Value of the Trademark
Description: The economic value of the trademark is reflected through transfer prices, licensing fees, and investment value.
Evaluation Method: Analyze contracts for trademark transfers, licensing agreements, and financial transactions related to the use of the trademark as an investment asset.
These criteria provide different perspectives on the fame and value of a trademark. To evaluate a trademark as famous, a comprehensive analysis of these criteria is necessary, considering consumer awareness, geographical distribution, sales revenue, duration of use, reputation, protection scope, and economic value.
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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
Email: [email protected]
