Well-known trademarks protection under Vietnamese Law

 

The list of well-known trademark was first mentioned in provision 42(4) of Circular No.1/2007 TT BKHCN of February 14, 2007 guiding the implementation of the Government’s Decree No.103/2006/ND-CP of September

22, 2006, detailing and guiding the implementation of a number of articles of The Law on Intellectual Property regarding industrial property right.

If a well-known mark is recognized according to civil procedures or under a recognition decision of the NOIP, that well-known mark shall be recorded in the list of well-known marks kept at the NOIP

Although, the existence of well-known trademark list has been stipulated in above statutory document but up to now there is unavailable List of recognized well-known trademarks in the NOIP. One of reason is lack of necessary mechanism to compile this list. That is perceived as an inherent difficulty for the trademark examiners in the course of performance of their duties in examining the well-known trademark related application, for other related competence authorities in protection of well-known trademark and for trademark owners in evidencing their legitimate right in dispute. Thus, compiling well-known trademark list is vital step in the effort of protection well-known trademark.

Generally, countries do not make a list of their well-known trademarks which resolved in each case in the process of granting a trademark registration or trial in a court dispute. Some countries like Japan, China, Indonesia, France43 was established well-known trademark list, but this list is not an absolute materials to solve issues on whether a trademark is well-known or not, in common cases, it is used as a reference material for competence authorities or serve the purpose of trade or exchange information with other countries.

Other than official well-known trademark list which has not existed yet, there are some types of well-known trademark list accumulated by other agencies such as list of 33 famous trademarks in the year of 2008 published by Market research firm Nielsen coordinate with the U.S. Chamber of Commerce and Industry of Vietnam (VCCI), list of top 20 well-known trademarks in Vietnam published every year since 2006 by the cooperation of Vietnam Union of Science and Technology Association, Vietnam Chamber of Commerce and Industry, the NOIP… However, the presence in these lists is not deemed as this trademark is recognized as well-known in order to be protected under well-known trademark regime. These are only used as evidence of rating and evaluation of reputation of the mark by the mass media or social agency…

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