Types of Trademarks According to latest Vietnamese Law

The types of trademarks according to Vietnamese law include: ordinary trademarks, collective trademarks, certification trademarks, and well-known trademarks.

Types of Trademarks

Collective Trademarks

According to Article 4, Clause 17 of the latest amended and supplemented Intellectual Property Law in 2022, a collective trademark is a sign used to distinguish goods or services of members within an organization from those of individuals who are not members of that organization.

To register a trademark as a collective trademark, in addition to the application, the applicant must submit the regulations for using the collective trademark to the Intellectual Property Office for examination.

Example of a collective trademark in Vietnam

Certification Trademarks

According to the regulations in Article 4, Clause 18 of the latest amended Intellectual Property Law in 2022, a certification trademark is a sign used to distinguish certified goods from uncertified goods of the owner of the certification trademark.

The owner, after obtaining a protection certificate from the Intellectual Property Office, has the right to permit other organizations or individuals to use the certification trademark on their goods or services. The owner of the certification trademark can only issue certificates to other organizations or individuals and not to themselves.

Well-Known Trademarks

According to Clause 20 of Article 4 of the Intellectual Property Law, a well-known trademark is a trademark that is widely known by the majority of consumers in that field in Vietnam.

The evaluation of whether a trademark is considered well-known includes the following criteria:

– The number of consumers who are aware of the trademark through purchasing behavior, product or service usage, or advertising.

– The scope of the distribution and circulation of products or services bearing the trademark in Vietnam.

– The quantity, sales volume, and supply of goods or services bearing the trademark.

– The duration of continuous use of the trademark by the owner.

– The level of trustworthiness of the trademark to consumers.

– The number of countries worldwide that grant protection certificates for the trademark.

– The number of countries worldwide that recognize the trademark as well-known.

– The value of trademark-related transactions, transfers, licensing, and contributions to business capital.

Examples of well-known trademarks in Vietnam

Ordinary Trademarks

An ordinary trademark is a trademark that does not fall into any of the above-mentioned cases. The majority of trademarks in Vietnam are ordinary trademarks.

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