A trademark is a recognizable sign used to distinguish the goods and services of one business entity from those of others.
A trademark will be protected when it satisfies the following conditions:
Through abovementioned signs protected as trademarks, consumers are able to envision and associate with the goods and services quality, prestige, and superior characteristics.
Article 72 of the 2005 Law on Intellectual Property, amended in 2009
A brand is how the public perceives a target object emotionally.
A brand exists only in the mind of the public, and is not recognized by Vietnamese law.
A trademark is a sign recognized and protected by Vietnamese law, distinguishing goods and services of different entities.
A logo is the symbol of a business. It can be in the form of a drawing, pattern, font, or some special signs.
Logos can be registered as trademarks or copyrights.
To distinguish the goods and services of the same kind.
To help consumers identify and distinguish distinctive goods and services from other similar ones through unique signs in the form of words or images.
To provide information about the origin of the goods and services.
Behind a trademark is the quality and characteristics of the product.
Based on specific vision and business objectives, each trader will choose an appropriate trademark for his/her goods and services.
A collective trademark is issued to an organization and/or association and its direct users are the members of the association and/or organization.
For example: The ‘Hoa Loc Mangos’ collective trademark of Hoa Loc Mangos Cooperative is granted a protection title.
Households and individuals who are members of the Hoa Loc Mangos Cooperative are entitled to use the trademark.
The organization and/or association must ensure that their members comply with quality conditions and standards set forth.
Members of the organization and/or association may only use the collective mark to affix on products, goods, packaging, or transaction documents, provided that they comply with the requirements in the Regulations on use of the collective trademarks.
The regulations on the use of collective trademarks consists of the following contents:
Clause 17 Article 4, Clause 4 Article 105 of the 2005 Law on Intellectual Property, amended in 2009
A certification trademark means a trademark authorized by its owner to be used by another organization or individual on the latter’s goods and/or services, for the purpose of certifying the origin, raw materials, materials, etc. of the goods and/or services bearing the trademark.
For example: The ‘High-Quality Vietnamese Goods’ certification trademark, owned by the Vietnam Business Association, is issued only to eligible businesses.
Conditions on the use of a certification trademark depends on the standard requirements of its owner.
The regulations on the use of certification trademarks consists of the following principal contents:
Clause 18 Article 4, Clause 5 Article 105 of the 2005 Law on Intellectual Property, amended in 2009
An integrated trademark means identical or similar trademarks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
For example: Fanta, Sprite, and Dasani are all affixed with integrated trademarks for they are products of Coca-Cola.
By using integrated trademarks, trademark holders will be able to prevent other entities from producing potential counterfeit goods.
Clause 19 Article 4 of the 2005 Law on Intellectual Property, amended in 2009
A well-known trademark means a trademark widely known by consumers throughout the Vietnamese territory.
Criteria for the evaluation of well-known trademarks:
There are no regulations on a specific number of countries. However, trademark holders are advised to prove their presence and popularity in as many countries as possible to strengthen the grounds of the applications.
Regulations on well-known trademarks in Vietnam nevertheless remain unclear, resulting in certain difficulties in preventing trademark infringement.
At present, trademark holders wishing to do business in Vietnam usually prioritize trademark registration under the normal trademark regulations in order to ensure the probability of receiving protection.
Regardless of whether the trademark is well-known or not, distinctiveness is the most important element of any trademark.
Clause 20 Article 4, Article 75 of the 2005 Law on Intellectual Property, amended in 2009