Trademark Use in Vietnam

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 […]

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International Trademark Registration under Madrid system in Vietnam

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“).

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Advantages in filing Int’l Trademark Application under the Madrid System

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. […]

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ICP successfully defends X-MEN trademark in Vietnam

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.

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Obligation to prove the trademark being well-known in Vietnam

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 […]

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The development of the legal framework on protection of well-known trademarks in Vietnam

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.

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