Process for Trademark registration

A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks.Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives right to the mark and allows the holder to file lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years.

Trademark protection in Vietnam 

Process for Trademark registration

Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.

If not opposed then the Trademark registration certificate will be given.

Documents Required for Trademark Registration

-Date of using the Logo/Tagline (Any supporting document for the same)

-Power of Attorney signed by the applicant

-Softcopy of the Logo/Tagline

Source: Quora

Read More

How do you protect your trademark around the world?

It is important to understand that a right over a trademark is a restriction on commerce. Once a trademark is granted to a market the others may not use an identical or substantially similar trademark to mark the same class of products.

 Register trademark in Vietnam

Now since trademark owners must use its trademark to keep their rights and since trademark law is regulated mostly State by State it is not possible to protect a trademark unless you really participate in all demographic markets of the world, like Coca-Cola, although there are places of the works where Coca-Cola is not sold.

There are some internal systems which allows you to protect a trademark in several countries with one registration. Nevertheless, if you don't really use that trademark in each of those countries you may end up loosing it because trademarks must be used.

Finally, keep in mind that if you want to protect your trademark globally you will need to have a good trademark protection and prosecution strategy.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

Read More

Can you trademark your business without a lawyer?

You don’t need a lawyer to trademark your business, but you must become competent to do the following:

Trademark in Vietnam 

-Complete a due diligence search to make sure that you (and only you) have the right to use the trademark or service mark;

-Determine if you should file a registration for the mark as a federal mark before the USPTO or a state mark with your secretary of state;

-Determine the international class or classes that you should include in your application for registration;

-Describe the goods and services that you are providing according to the international class or classes; and

-Complete the paperwork or electronic filing for the application for registration with the appropriate agency.

If you are or can become competent to do each of these, then you don’t need a lawyer to trademark your business and/or the offerings provided by your business.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management. 

Read More

What is the difference between trademark and a brand name?

As you maneuver through the world of Intellectual Property, you’ll see that there are certain terms that are discussed frequently. So often, people assume that brand and trademark are the same things. While they are certainly connected, there are factors that distinguish between the two.

 How easy is it to register trademark in Vietnam

The easiest way to explain is that a brand is a reputation that is developed over time. The marketplace can easily identify the brand based on the products and services as well as the image that the company creates. When you think of “brand” the terms that you should associate with it are:

Culture

Personality

Vision

Reputation

A brand should answer the question, “What is the company all about?” The brand name is simply how the company chooses to be identified and how the marketplace distinguishes it from its competitors.

In comparison, a trademark is what protects the brand. Namely, the protection is given to specific images that are associated with the brand. This may include:

Packaging

Symbols

Brand name

Color scheme

Essentially, a trademark will offer legal protection so that competitors can’t use the same features that may confuse the consumer

Related post:  Whatis the difference between a trademark and a wordmark?

Read More