Does one need to trademark a company's logo and name?

Trademark means a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.

Trademark registration means legally getting the right to use the brand name or trademark by getting a registration certificate from the Trademark office.

Register trademark in Vietnam

Brand name is the most valuable asset of the Company. Many brands in the world value their trademark more than their any other physical assets

Brand value is derived only when the company has absolute right over the brand name through trademark protection.

Protecting the name is equal to protecting the business.

-Protection against Copycats: Nobody will dare to copy your brand name once it is a registered trademark

-Helps in expansion of business and growth

-Trademark can be rented and royalty can be earned under licensing agreement. -Franchising model solely depends upon trademark licensing.

--Helps in image building and credibility in Market

-Customers give more preference to registered brands with TM tag.

When you register a trademark, the main purpose is to prevent people from stealing your name/logo, and provide you with a legal recourse against them if they do.

While neither is required, it's highly advised to do so with the assistance of an intellectual property attorney since the filing process with the USPTO can be a little complex.

Keep in mind that your logo and your company name require two separate filings with the trademarks office. The name protects just the name itself and separate from any font, colors, shapes, styling etc... When you register a logo, it provides protections over the exact shape, style, and orientation in that logo.

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Can acronyms get trademark protection?

Absolutely. Just go to  http://uspto.gov and do a trademark search for "BMW" using the TESS system and you'll see they've got numerous marks registered. The same could be done for many other acronyms: CNN, NBC, JVC, you name it -- provided they're being used as trademarks (i.e., as a designation of the unique source of products or services).

Trademark protection in Vietnam

First, abbreviations can be registered just like any other trademark, provided:

(i) they are not descriptive of the goods for which they are used;

(ii) they have some significance of their own;

For example, the mark BMW does not in any way describe that the underlying good is a car, as also, the significance of it is that, it stands for Bayerische Motoren Werke. However, even without registration, you can claim rights in an abbreviation, provided you can prove that the general population recognizes the abbreviation as atra source of the goods you provide. For example, people recognized FedEx for Federal Express, Coke for Coca-cola and so on.

Second, domain names are fully within the purview of trademark law, as well. This means that if a trademark owner can prove that a registered domain name is confusingly similar to the mark in which the owner claims rights, then he has a good case against the owner of that domain. However, going to the court is always an expensive ordeal, for which reason, the Uniform Dispute Resolution Policy (UDRP) was adopted, which gives owners of REGISTERED marks to file a complaint with Internet Corporation for Assigned Name and Numbers (ICANN) and have the infringing domain either cancelled or transferred back to the trademark owner. The latter process is very popular amongst corporations, it being more efficient and less expensive. However, the owner of the mark must prove the following in order to have either of the remedies:

 (i) that the domain name is confusingly similar to the registered mark;

 (ii) that the domain owner has no legitimate rights in the domain name;

 (iii) that the domain has been registered or used in bad faith.

 For example, if you registerwww.biemw.com, and have no other acceptable legitimate explanation as to why you registered the domain, then most likely BMW would be successful in an action against you.

Learn more about our ANT Lawyers Intellectual Property practice, its experience, and team members here. Please contact our Trademark attorneys in Vietnam  for advice via email ant@antlawyers.vn or call us at +84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

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How easy is it to register a trademark?

Honestly, you could probably figure it out on your own. However, particularly when dealing with IP issue, there are certain fears/concerns about protecting all of your rights. Of the many reasons to hire a lawyer for a TM, here are few...

Register trademark in Vietnam

1. The process can be complex and lengthy. You are most likely focused on developing your company and are probably working full-time in that capacity. Taking up this task on your own can really limit your ability to focus on your company.

2. The research and background work required for TM's is also exhaustive and can be tricky. Although you may be able to do this yourself, there is a chance you might make a mistake, overlook something, or simply take a path that is not the best for your company. A lawyer is a safe-guard against these problems.

3. Hiring a lawyer who is business savvy and well-versed in your particular industry cannot only help you with your TM, but can also develop a strong business plan moving forward. IP is a particularized field, and getting a lawyer on board who has helped similar clients in the past with IP issues can make a HUGE difference for your business.

If you want to find a lawyer, you should check out our site ANTLawyers.vn. You can connect with the trademark attorneys in Vietnam on our legal platform 24/7. We offer free consultations and price quotes so check us out!

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