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The regulations for protecting famous trademarks are often stricter than for ordinary trademarks to prevent unauthorized use that could damage the trademark’s reputation and value.
What is a Famous Trademark?
A famous trademark is a concept in the field of intellectual property, especially in trademark management and protection, referring to trademarks that are widely known to the public. These trademarks are recognized not only in their specific business field but also beyond the scope of the goods or services they represent. Famous trademarks are often associated with a high level of prestige, quality, or perceived value in the minds of consumers.
Characteristics of Famous Trademarks
Characteristics of famous trademarks include:
- Widespread Recognition: Famous trademarks are known by a large number of consumers over a wide area, often nationally or internationally.
- Reputation and Quality: These trademarks are usually linked with reliability, trustworthiness, and high quality of products or services.
- High Commercial and Advertising Value: Famous trademarks often have significant commercial value and are supported by extensive advertising campaigns.
- Special Protection Mechanism in Intellectual Property Law: Famous trademarks are typically afforded a higher level of protection in intellectual property law, including protection against unauthorized use or misuse for unrelated products or services if such use could cause confusion or diminish the value of the famous trademark.
Protection of Famous Trademarks in Vietnam
The protection of famous trademarks in Vietnam is stipulated in the Intellectual Property Law of Vietnam and through specific guidelines and regulations from the Intellectual Property Office of Vietnam. This form of protection ensures that famous trademarks are safeguarded not only in the business sector for which they are registered but also in other business fields if the use of a similar trademark in other fields could cause confusion or exploit the reputation of the famous trademark.
Principles of Protecting Famous Trademarks Include:
- Identification of Famous Trademarks: Vietnam does not have a specific list of famous trademarks; each case is considered individually based on the evidence provided about the trademark’s fame. Factors considered include public recognition, duration of use, market share, geographical area of use, and related advertising campaigns. Determining a trademark as “famous” requires sufficient evidence and related documentation, which can sometimes pose challenges for trademark owners in protecting their rights.
- Protection on the Principle of Fairness: Famous trademarks are protected not only to avoid confusion with other trademarks but also to prevent the use of such trademarks from harming the reputation or value of the famous trademark, even if there is no confusion in products, services, or direct competition.
- Evaluation and Opposition Procedure: In the trademark registration process, if a new trademark registration is likely to cause confusion with a famous trademark, the Intellectual Property Office can reject the application based on the opposition from the famous trademark owner. Famous trademark owners can also file lawsuits to protect their rights if their trademark is used unlawfully.
- Wide Scope of Protection: Protection for famous trademarks in Vietnam is not limited to the business field in which the trademark is registered. If the use of a similar trademark in a different business field could cause confusion or exploit the reputation of the famous trademark, the trademark owner has the right to take legal measures to protect their legitimate rights and interests.
The protection of famous trademarks in Vietnam reflects the country’s commitment to respecting and protecting intellectual property rights and ensuring a fair and healthy business environment.
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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]
