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A trademark is a symbol used to distinguish goods or services of one organization or individual from those of another operating in the same field. So, how is the structure of trademarks in Vietnam?
The structure of trademarks in Vietnam
According to the provisions of Article 72 of the Intellectual Property Law of Vietnam (amended and supplemented in 2022), a trademark is composed of the following elements:
The trademark is composed of letters, words, and numbers.
Here are the signs that consumers can see with their eyes, read, and hear through sound.
However, some characters below will not be considered trademarks:
– Letters, words, or writings without Latin origin, which are generally unreadable, incomprehensible, and not memorable for ordinary Vietnamese consumers, unless these letters or words are presented in a stylized, graphic form, or accompanied by other elements to create a distinctive overall trademark.
– A trademark consisting of only one letter or only a number, or a trademark with two letters that cannot be read as a word, except in cases where the letters or numbers are stylized or presented graphically.
– A trademark consisting of too many letters arranged chaotically, making it impossible for consumers to recognize and remember.
– Words that are the common names of the goods or services bearing that trademark.
– Words describing the geographical origin, production method, quality, quantity, type, nature, composition, value of goods, or services bearing that trademark.
– Words describing the form, business sector of the trademark owner.
– Words causing confusion or deception to consumers about the origin, quality, use, composition, etc., of the goods or services bearing that trademark.
– Words that are the real names, pen names, aliases of national heroes, leaders, and distinguished figures in Vietnam and worldwide.
– Words that are the names of characters in works under the copyright of others, which are widely known.
The trademark is composed of drawings, images, three-dimensional shapes
These are signs that consumers can see with their eyes.
However, the following images and drawings will not be considered trademarks:
– Common geometric shapes, such as circles, squares, ellipses, triangles, trapezoids, or other simple drawings.
– Images or drawings that are too intricate and complex, making them difficult to remember and distinguish.
– Images or drawings describing the geographical origin, production method, quality, quantity, type, nature, composition, value of goods, or services bearing that trademark.
– Images or drawings of national heroes, leaders, and distinguished figures in Vietnam and worldwide.
– Images or drawings of characters in works under the copyright of others, which are widely known.
The trademark is composed of a combination of words and images, drawings
This is also a sign that consumers can see with their eyes, read, and hear through sound. Most trademarks nowadays are constructed by combining words with images and drawings.
A trademark composed of sound
A trademark composed of sound is a new type of trademark added according to the amended and supplemented Intellectual Property Law in 2022. Sound trademarks are signs that consumers can hear and use to identify the associated products or services.
The role of a brand for consumers in Vietnam
One of the most crucial aspects of a brand is creating recognition. In a diverse and competitive market like Vietnam, having a strong brand helps products stand out among thousands of different choices. Consumers often trust well-known and familiar brands, making it easier for them to make choices without investing too much time and energy in research.
This principle becomes even more important as society develops, and consumers tend to lead increasingly busy lives. In the fast-paced context of modern life, a brand becomes a stamp, a symbol of quality and reliability. Consumers are often willing to pay a premium for products with brands they trust, considering it a worthwhile investment.
Furthermore, the role of a brand is closely related to building a relationship between the business and consumers. Brands with effective communication and marketing strategies often create positive interactions with customers. This not only boosts sales but also builds loyalty and trust from consumers. A strong connection between a brand and consumers can create a supportive community that benefits the business in the long run.
Ultimately, a brand plays a significant role in creating brand value. Famous brands are not just products; they represent an experience, a lifestyle. Consumers often seek a connection with the brand and perceive using their products as a part of self-expression.
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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
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