Well-known trademarks protection under Vietnamese Law

Definition

The “well-known trademark” term was initially stipulated under Vietnamese Law in February 01, 2001 in the amendment of Decree No. 63/CP dated 24.10.1996 of the Government providing detailed regulations on industrial property in order to guide the implementation of regulations on protection of IP rights in Chapter II, Part VI of the Civil Code (1995); “a well-known mark” is any mark which has become widely known by being continuously used for reputable goods or services”.

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Ways to gain well-known trademark recognition

In most cases, protection of well-known trademark rests upon the finding or recognition of well-known status. Commonly referred to as a well-known trademark, that trademark can enjoy a broader and stronger scope of protection compared to an ordinary trademark. There are two routes to be acknowledged as well-known trademark in Japan. One route is to […]

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Recognition as well-known trademarks

Criteria for recognition as well-known trademark The Paris Convention has made a significant change in acknowledging the importance of extending  protection  to  well  known  marks, but  fails  to provide any guidance  on  how  to determine the well-knowness. Article 16(2) of the TRIPS Agreement merely states “WTO members shall take account of the knowledge of  the […]

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International framework of well-known trademarks protection

1.1.              Paris Convention

The need to protect well-known trademarks was discussed internationally by  the  member  states  of  the  Paris  Convention in  the  1920’s,  whereby the provision of Article 6bis was first incorporated in the  Hague  text  of  the  Paris Convention   in   1925. Thus, the term “well-known trademark” in the Paris Convention has been interpreted as including famous trademarks as well. The heart of the protection for well-known trademarks if found in Article 6bis of the Paris Convention.

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The function of trademarks and protection of trademarks

We are living in a consumer society surrounded by many goods and services, and the decision to purchase a particular good or service depends in large part on trademark. For many trademarks, they represent more than just the names of the owners; they are also visual symbols for indicating the origin of goods and services.

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Well known trademark in Vietnam

In today’s marketplace, well-known trademarks bring huge commercial value for trademark owners. Therefore the demands for effective protection, as well as the risk of being copied for such trademarks are increasing. Trademarks are “signs” which distinguish the goods and services of one enterprise from another. Well-known trademarks play a more important role here.

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