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After being granted a certificate of trademark registration, the owner of the trademark has the right to freely transfer their trademark to others. However, the owner of the trademark will be restricted in certain cases according to the provisions of the law. So, What are cases where trademarks cannot be transferred in Vietnam?
What is Trademark Transfer?
Trademark transfer involves changing the owner of the trademark from one organization or individual to another.
The transferor can transfer the entire trademark or only transfer a part of the goods or services covered by that trademark.
Trademark transfer must be carried out through a contract and registered with the Intellectual Property Office of Vietnam.
Cases where trademarks cannot be transferred in Vietnam for ordinary trademarks
According to the regulations in Article 60 of Decree No. 65/2023/ND-CP, the owner of the ordinary trademark is not allowed to transfer the trademark in the following cases:
– The transferor transfers a trademark that is identical or similar to the extent that it causes confusion with another trademark that is also owned by the transferor and is protected in Vietnam according to the certificate of trademark registration or the international registration system.
– In cases where the transferor only transfers a part of the list of products or services covered by the trademark without transferring the entire trademark, the transfer will be restricted if the transferred part of the products or services is similar and has the potential to cause confusion with the remaining part of the transferor’s products or services.
– The trademark being transferred carries signs, symbols, or characteristics that may cause consumers to be confused or misunderstand the nature, origin, value, quality, etc., of the goods or services bearing the trademark.
Cases where trademarks cannot be transferred in Vietnam for collective trademarks and certification trademarks
Cases where trademarks cannot be transferred in Vietnam for collective trademarks and certification trademarks include:
– Cases as mentioned for ordinary trademarks above.
– Transfer of collective trademarks or certification trademarks to entities that do not meet the conditions for organizations with the right to register such collective trademarks or certification trademarks.
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