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The procedure for opposing a trademark application in Vietnam involves several basic steps outlined below.
Reasons for Opposing a Trademark Application in Vietnam
Any organization or individual has the right to submit a request to the Intellectual Property Office to oppose someone else’s trademark application. The reasons for opposing a trademark application may include:
- The trademark consists of signs that cannot be protected under trademark law.
- The trademark is identical or similar to an existing trademark that is protected in Vietnam for identical or similar goods/services, causing a likelihood of confusion.
- The trademark is identical or similar to a famous trademark of another party.
- The trademark is identical to another party’s trade name.
- The trademark infringes on another party’s copyright.
- Other cases as stipulated by law.
Filing an Opposition to a Trademark Application in Vietnam
After a trademark application is publicly announced in the industrial property gazette, any third party can submit an opposition to that trademark application. The opposition must be made in writing and sent to the Intellectual Property Office of Vietnam before the notice of intended approval of the trademark registration is issued.
In the opposition, the opposing party must clearly state the reasons for the opposition based on the regulations on trademark registration in Vietnam. The opposition must be accompanied by relevant documents and evidence (e.g., trademark registration certificates, business registration certificates, copyright registration certificates, etc.).
Additionally, the opposing party must pay the required fee for the examination of the opposition.
Examination of the Opposition to a Trademark Application in Vietnam
The Intellectual Property Office will notify the trademark applicant of the opposition and request their response to the opposition. The response must be submitted to the Intellectual Property Office within the specified time frame. If no response is received from the trademark applicant within the specified time frame, the Intellectual Property Office will proceed with the examination and make a decision according to the law.
The Intellectual Property Office will review the opposition, along with the accompanying documents and evidence. This process may include comparing the opposed trademark with other trademark applications and checking the validity of the reasons for the opposition.
Based on the examination results, the Intellectual Property Office will make a final decision on whether to accept the trademark application and notify the parties involved.
To ensure their rights are best protected, both the trademark applicant and the opposing party should seek advice from an intellectual property lawyer.
Sample Letter of Opposition to a Trademark Application in Vietnam
Below is a sample letter of opposition to a trademark application. Note that this is for reference only and should be adjusted to fit your specific case.
Date: [day/month/year]
Re: Opposition to Trademark Application No. [application number]
To: Intellectual Property Office
I/We, [name of individual/entity opposing], Represented by [name of representative], Address: [address], Phone number: [phone number], Email: [email],
submit this opposition to Trademark Application No. [application number] for the trademark “[Opponent’s Trademark Name]” of [name of trademark applicant].
Reasons for opposition: [Example: The opponent’s trademark is identical or similar to the extent of causing confusion with my/our trademark previously registered in Vietnam under Application No. [application number] for goods/services [description]]. [Analyze the identical or similar aspects of the trademark that may cause confusion with your trademark, trade name, copyright, etc.].
Supporting evidence: [Describe evidence 1, e.g., proof of use of your trade name]. [Describe evidence 2, e.g., proof of registration and protection of your trademark in Vietnam].
We request the Intellectual Property Office to consider refusing the protection grant for the aforementioned trademark application.
We certify that the information provided in this letter is accurate and we are ready to bear legal responsibility for the information. We kindly request the Intellectual Property Office to notify us of the process and results of the examination of this opposition.
Sincerely,
[Signature] [Name and title of the representative]
Contact us immediately for specific and accurate advice from our intellectual property lawyers: (+84)343320223, [email protected].