As the first IP Agent in Vietnam, VCCI – IP has a strong and experienced team of trademark attorneys and staff providing clients with the excellent legal services and supports to obtain trademark protection and enforcement in Vietnam. VCCI-IP’s legal services in relation to trademarks include but not limited to the following services:
- Conducting prior trademark search searches with the assessment of the registrability or potential conflicting with the trademark to be applied;
- Providing legal advices and representing for filing and prosecuting trademark applications, including response to/appeal against office actions in the course of prosecution of trademark applications;
- Providing legal services in filing international trademark applications under Madrid Agreement/Protocol and other national trademark application in foreign countries;
- Providing legal advices and representing for recordal of trademark license/assignment;
- Providing legal advices and representing for recordal of changes in trademark applications/registrations;
- Providing legal advices on trademark validity, monitoring and payment for trademark renewal;
- Providing market survey services for non-use invalidation; conducting investigation to identify the act of trademark infringement;
- Providing legal advices and representing for settlement of appeals, disputes, infringement actions of trademark rights;
- Other related services.
Signs not protected as trademarks
According to the trademark law of Vietnam, the following signs shall not be protected as trademarks:
- Signs identical with or confusingly similar to the national flags, national emblems;
- Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviations, full names of State agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations or socio-professional organizations of Vietnam or international organizations, unless permitted by such agencies or organizations;
- Signs identical with or confusingly similar to real names, alias, pen names or images of leaders, national heroes or famous persons of Vietnam or foreign countries;
- Signs identical with or confusingly similar to certification seals, control seals, warranty seals of international organizations which require that their signs must not be used, except where such seals are registered as certification marks by those organizations;
- Signs liable to mislead, confuse or deceive consumers as to the origin, functional parameters, intended purposes, quality, value or other characteristics of the goods or services.
Signs are eligible to be protected as trademarks
A mark shall be eligible for protection if it meets the following conditions:
- To be a visible sign in the form of letters, words, pictures, figures, including three-dimensional figures or a combination thereof, represented in one or more colors; and
- To be capable of distinguishing goods or services of the mark owner from those of others.