Vietnam IP Law does not provide for the specific duration or documents to prove that a mark is famous. However, in accordance with Article 75 of IP Law concerning criteria for evaluation of whether or not a mark is well known, the following criteria shall be taken into account when considering whether or not a mark is well known:
- The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.
- The territorial area in which goods or services bearing the mark are circulated.
- Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.
- Duration of continuous use of the mark.
- Wide reputation of goods or services bearing the mark.
- Number of countries protecting the mark.
- Number of countries recognizing the mark as a well known mark.
- Assignment price, licensing price, or investment capital contribution value of the mark.
More specifically, in accordance with Item 42.3 of Circular 01/2007/TT-BKHCN, the documents evidencing a mark is well-known can be included but not limited to the followings:
Documents evidencing the ownership and reputation of a mark include information on the scope, scale, level and continuity of the use of the mark, including an explanation of origin, history and time of continuous use of the mark; number of nations in which the mark has been registered or recognized as a well-known mark; the territorial area in which the mark is circulated, turnover from products sold or services provided; quantity of goods and services bearing the mark manufactured or sold; property value of the mark, price of assignment or licensing of the mark and value of investment capital contributed in the form of the mark; investment in and expenses for advertising and marketing of the mark, including those for participation in national and international exhibitions; infringements, disputes and decisions or rulings of the court or competent agencies; surveyed number of consumers knowing the mark through sale, purchase, use, advertisement and marketing; rating and evaluation of reputation of the mark by national or international organizations or the mass media; prizes and medals awarded on the mark; results of examinations held by intellectual property examination organizations.