Securing a trademark in Vietnam is an essential move for businesses and individuals aiming to safeguard their brand and stop unauthorized usage. However, the procedure can be intricate, requiring strict adherence to various stages. To successfully obtain a trademark in Vietnam, one must be familiar with availability searches, the necessary documentation for submission, the examiner’s procedures and standards, as well as how to address office actions. Moreover, keeping up with the legal protection of non-traditional trademarks, like those involving sounds or scents, is vital. It's equally important to comprehend the role and impact of disclaimers within the trademark's protection scope.

Reasons to Conduct a Trademark Search in Vietnam

Ensure the trademark is unique

A trademark search allows individuals or businesses to verify whether the desired trademark is “identical or confusingly similar” to an already registered one. This helps in identifying potential conflicts and finding suitable alternatives.

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Save time and avoid unnecessary costs

With a large number of trademark applications submitted to the Intellectual Property Office annually, it’s crucial to select a trademark that doesn’t resemble existing ones. This avoids rejections, wasted fees, and lengthy delays in the registration process.

Avoid costly mistakes

If the search results indicate low chances of successful registration, applicants can prevent unnecessary expenses and time spent waiting for the Intellectual Property Office to review the application. It also provides an opportunity to reconsider and develop a new trademark before filing.

Verify accuracy

After registration, a search helps individuals and businesses ensure that the information in the granted trademark certificate aligns with the data held by the Intellectual Property Office. If any discrepancies are found, they can be corrected promptly to avoid future issues.

Legal Compliance

Conducting a thorough trademark search in Vietnam guarantees that the proposed mark adheres to existing trademark laws and regulations. This step helps businesses steer clear of potential legal disputes or challenges that could occur if the mark is already registered or used by another party.

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Protecting Investments

Companies devote considerable resources to developing and marketing their brands. By performing a trademark search in Vietnam, businesses can protect their investments by confirming the uniqueness and legal eligibility of the chosen mark. This reduces the risk of costly rebranding efforts and additional expenses down the road.

Registrable Marks in Vietnam

The following types of signs are eligible for trademark registration in Vietnam, provided they can be graphically represented and are capable of distinguishing goods or services of one entity from another:

• Words.
• Names.
• Devices.
• Certain Three-Dimensional Shapes: These often face objections due to a lack of distinctiveness. Whether an objection arises depends on the shape and the goods or services applied for.
• Colors: Single-color marks usually require substantial evidence of use to prove distinctiveness, while combinations of colors are more likely to be inherently registrable.
• Sounds. 
• Trade Dress/Get-Up: Only trade dress with distinctive elements is registrable.
• Combinations: Any mix of the above elements can also be registered as a trademark.

Other Types of Registrable Trademarks in Vietnam:

• Collective Marks.
• Certification Marks.
• Well-Known Marks. 
• Service Marks.

Unregistrable Marks in Vietnam

Trademarks serve as a connection between consumers and producers, enabling consumers to identify the source of products and services. Marks that fail to distinguish between different entities’ goods or services will not function as trademarks and will be refused registration.

The following marks are not registrable in Vietnam:

• Marks that violate moral standards or public order.
• Generic terms.
• Names, flags, or symbols of states, nations, regions, or international organizations.
• Non-distinctive marks (unless secondary meaning is proven).
• Marks that primarily serve as geographic location names (not including geographical indications or appellations of origin).
• Signs used as advertising tools.
• Literary, artistic, or scientific terms.
• Marks that may mislead consumers.
• Technical terms specific to an industry.

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Prestigious Trademark and Brand Registration Services by NVCS Law Firm

With over 10 years of experience, NVCS Law Firm is one of the leading firms in the field of intellectual property consultancy in Vietnam. Tri Nam's trademark registration service ensures:

• In-depth, accurate consultation with up-to-date legal regulations.
• Quick and professional procedures at reasonable fees.
• Support in conducting searches and evaluating the trademark's protection potential before filing.
• Representation of clients in handling issues related to trademarks.

For consultation and assistance with trademark registration, please contact:

Lawyer: Mr. Tony 

Phone: +84 919 195 939

Email: tuulawyer@nvcs.vn

Website: nvcs.vn