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Below are signs not eligible for use as trademarks in Vietnam according to the latest regulations. These are cases specified in the Intellectual Property Law of Vietnam, as amended and supplemented in 2022.
Signs not eligible for use as trademarks in Vietnam
According to Article 73 of the Intellectual Property Law, the following signs are not eligible for use as trademarks in Vietnam:
– Signs identical or similar to the extent that they cause confusion with the national flag, national emblem, national anthem of the Socialist Republic of Vietnam, and those of other countries and international organizations.
– Signs identical or similar to the extent that they cause confusion with symbols, flags, emblems, abbreviations, or full names of state agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations, and international organizations, unless permitted by the respective authorities.
– Signs identical or similar to the extent that they cause confusion with the real names, aliases, pen names, or images of leaders, national heroes, and celebrities of Vietnam and foreign countries.
– Signs identical or similar to the extent that they cause confusion with certification marks, inspection marks, or warranty marks of international organizations, which those organizations have requested not to be used, except when these marks are registered as certification marks.
– Signs misleading, causing confusion, or having deceptive characteristics regarding the origin, characteristics, functions, quality, value, or other features of goods or services.
– Signs representing the inherent shape of goods or those required by the technical characteristics of the goods.
– Signs containing copies of artistic works, except with permission from the copyright owner.
Cases of trademarks not protected due to lack of distinctiveness
A trademark is considered distinctive if it is created from one or more easily recognizable, memorable elements or a combination of elements forming a readily recognizable, memorable whole.
A trademark is considered non-distinctive if it falls into one of the following cases:
a) Simple geometric shapes, numerals, letters, or expressions in uncommon languages, except when these signs have been used and widely recognized as trademarks before the filing date.
b) Signs, conventional symbols, drawings, commonly used names, or shapes of goods, or part of goods, normal shapes of packaging or containers for goods, which have been regularly used and widely recognized before the filing date.
c) Signs describing time, place, method of production, type, quantity, quality, characteristics, components, functions, value, or other descriptive features of goods or services, or signs that significantly enhance the value of goods, unless such signs have achieved distinctiveness through use before the filing date.
d) Signs describing legal form, business field of the business entity.
e) Signs indicating the geographical origin of goods or services, except when such signs have been used and widely recognized as trademarks before the filing date or registered as collective marks or certification marks in Vietnam.
f) Signs identical or similar to the trademarks of others that are protected for similar or identical goods or services on the basis of an application with a filing date or priority date earlier than the filing date, including applications registered under international conventions to which the Socialist Republic of Vietnam is a party.
g) Signs identical or similar to the trademarks of others that have been used and widely recognized for similar or identical goods or services before the filing date or priority date, even if the registration of those trademarks has ceased to be effective for less than three years.
h) Signs identical or similar to the well-known trademarks of others before the filing date for similar or identical goods or services or for dissimilar goods or services if the use of those signs could affect the distinctiveness of the well-known trademarks or if the registration of those marks aims to exploit the reputation of the well-known trademarks.
i) Signs identical or not significantly different from the trade names in use by others, if the use of such signs could cause confusion for consumers about the origin of goods or services.
j) Signs identical or not significantly different from geographical indications currently protected if the use of such signs could mislead consumers about the geographical origin of the goods.
k) Signs identical or similar to the geographical indications or containing translations, transcriptions, or transliterations of geographical indications currently protected for wines and spirits if the trademark is registered for wines or spirits not originating from the geographical area indicated.
l) Signs identical to or containing representations or images of characters, images within works protected under the scope of another person’s copyright, widely known before the filing date, except with the permission of the copyright owner.
Latest Registration Fees for Foreign Trademarks in Vietnam in 2023
Trademark Registration Service in Vietnam
We are a professional organization operating in the field of Intellectual Property in Vietnam. With a team of lawyers holding specialized training certificates in the field of intellectual property, we take pride in providing services in consulting and registering trademarks in Vietnam for domestic and foreign organizations and individuals at reasonable costs.
Contact us now for advice and assistance in quickly and professionally completing the procedures for registering trademarks in Vietnam.
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