{"id":2784,"date":"2024-07-03T16:46:22","date_gmt":"2024-07-03T09:46:22","guid":{"rendered":"https:\/\/apluslaw.vn\/en\/?p=2784"},"modified":"2025-02-13T13:59:11","modified_gmt":"2025-02-13T06:59:11","slug":"trademark-registration-in-vietnam","status":"publish","type":"post","link":"https:\/\/apluslaw.vn\/en\/research\/trademark-registration-in-vietnam.html","title":{"rendered":"Trademark Registration in Vietnam"},"content":{"rendered":"

Registering a trademark helps protect intellectual property rights for a business’s products and services. In Vietnam, the trademark registration process is carried out through 6 main steps. Let’s find out with Apluslaw <\/strong><\/a><\/span>how this process is done!<\/span><\/p>\n

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Lawyer consulting on foreign investment for enterprise.<\/figcaption><\/figure>\n

What is Trademark in Vietnam?<\/b><\/h2>\n

A trademark (which can be used as an alternative for a mark) is defined as any sign used to distinguish goods and\/or services of different organizations or individuals. This definition is according to Article 4, clause 16 of the Law on intellectual property: \u201cA mark means any sign used to distinguish goods and\/or services of different organizations or individuals.\u201d<\/em><\/span><\/p>\n

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Trademark means any sign used to distinguish goods and\/or services of different organizations or individuals.<\/figcaption><\/figure>\n

What types of trademarks can be registered for protection in Vietnam?<\/b><\/h2>\n

The requirements for marks (trademarks) to be registered for protection in Vietnam are:<\/span><\/p>\n

1. Being a visible sign in the form of letters, words, drawings, or images, including holograms, or a combination thereof, represented in one or more colors.<\/span><\/p>\n

2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.<\/span><\/p>\n

According to Article 72 of the Law on intellectual property:<\/span><\/p>\n

\u201cArticle 72. General conditions for marks eligible for protection<\/em><\/span><\/strong><\/p>\n

A mark shall be protected when it satisfies the following conditions:<\/span><\/em><\/p>\n

1. Being a visible sign in the form of letters, words, drawings, or images, including holograms, or a combination thereof, represented in one or more colors;<\/span><\/em><\/p>\n

2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.\u201d<\/span><\/em><\/p><\/blockquote>\n

In addition, according to Article 74, the signs shall not be protected as marks under these circumstances:<\/strong><\/em><\/span><\/p>\n

1. Signs identical with or confusingly similar to national flags or national emblems;<\/span><\/p>\n

2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names, or full names of Vietnamese state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, or socio-professional organizations, or international organizations, unless permitted by such agencies or organizations;<\/span><\/p>\n

3. Signs identical with or confusingly similar to real names, aliases, pseudonyms, or images of leaders, national heroes or famous personalities of Vietnam or foreign countries;<\/span><\/p>\n

4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by those organizations;<\/span><\/p>\n

5. Signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of goods or services.<\/span><\/p><\/blockquote>\n

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There are two types of trademarks can be registered for protection in Vietnam.<\/figcaption><\/figure>\n

Trademark registration procedures in Vietnam<\/b><\/h2>\n

Step 1:\u00a0 Trademark Research<\/b><\/p>\n

Benefits of trademark research:<\/b><\/p>\n