1. Based on the advertising regulations in Vietnam, the Vietnamese competent advertising regulatory authority is entitled to request your client to provide the relevant documents for the advertising purpose, of which the Trademark Registration Certificate in Vietnam is one those documents. 2. In case that your client changed the mark into a different format, it […]Continue readingMore Tag
Madrid Agreement and Madrid Protocol – International Trademark Registration Designating Vietnam
– Vietnam has been a member of Madrid Agreement concerning the International Registration of Mark, (“Madrid Agreement“) since March 8, 1949.
– On July 11, 2006, Vietnam became a member of Madrid Protocol relating to the Madrid Agreement (“Madrid Protocol“).Continue readingMore Tag
A registration under the Agreement lasts for 20 years, while under the Protocol a registration lasts for 10 years. The shorter time period should eliminate deadwood on the International Register.Continue readingMore Tag
Advantages in filing Int’l Trademark Application under the Madrid System International Trademark Registration under Madrid System has advantages for both the trademark owners and Trademark Offices. The principal advantages for trademark owners lies in the simplicity of the International Registration System and the financial savings when securing and maintaining the protection of their trademark abroad. […]Continue readingMore Tag
1. Applicants An applicant for International Trademark Registration under Madrid System should be a natural person or a legal entity which has a real and effective industrial or commercial establishment in, or is domiciled in, or is a national of, a country which is party to the Madrid Agreement or Protocol, or who has such […]Continue readingMore Tag
The trademark X-MEN is now officially property of International Consumer Products Co. Ltd. (ICP) since the time for Marvel Characters Inc. to lodge an appeal against the judgment of the Hanoi City People’s Court has run out.
ICP in June 2003 applied for registration of the trademark X-MEN for its cosmetic products. Two years later, the National Office of Intellectual Property of Vietnam (NOIP) granted the company a trademark registration certificate.Continue readingMore Tag
During the process of examining the trademark registration applications, the NOIP has in many cases rejected the request of the applicants for registration of their trademarks for the reason of the similarity of their trademarks in comparison with the assumed well-known trademarks.Continue readingMore Tag
Although the new Law does not mention the obligation of the well-known trademark owner in respect of the burden of proof, the recently issued governmental decree on IPR enforcement (Decree 105) and the draft instructions to be issued by the Ministry of Science and Technology clarify the obligation of a well-known trademark owner in providing […]Continue readingMore Tag
In the light of the provisions of Article 6bis of the Paris Convention and Article 16 of the TRIPS Agreement, the new Law on Itellectual Property of Vietnam provides the rights conferred to the well-known trademark owners in both the trade mark registration procedures and the trademark right enforcement proceedings. Article 74.2 of the new Law states as follows:
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Vietnam became the party to the Paris Convention on Protection of Industrial Property (the Paris Convention) since 1949, and after the unification of the country, the declaration on the continued application of this convention was confirmed in 1981. The government of Vietnam issued the first ordinance on protection of trademarks in 1982 which contained the general principles on protection of trademarks in the light of the provisions of the Paris Convention.
The significant movement of IPR protection was made in the end of the 1980s and early 1990s by promulgation of the law-decree and regulations on protection of industrial property rights, which detailed the provisions on protection on trademarks and other subject matters of industrial property rights. This movement had been along with the transformation of the centrally planned into the market-oriented economy following the open-door economic policy of Vietnam.Continue readingMore Tag