1. What is a logo?
The logo concept is quite diverse but can be understood in a basic and simplest way as: Logo is an acronym for logotype, it is understood as symbols, letters, images,... A logo is a combination of creative elements from the drawings, designs that make up a brand or a representation of a company or organization. According to international practice, a well-designed logo is implicitly recognized as copyright to the author (the person who produced the design drawing, the first idea for the logo). A logo is considered as the first impression to recognize the company's brand or to distinguish different brands in a same area of business.
Although according to the common practice, a logo is recognized as copyright at the time of announcement (to the public), due to different reasons, disputes on logo often occur in Vietnam unless the state agency (copyright office) recognized the time of registration.
2. Components of the logo
A logo is usually composed of three basic elements:
2.1. Symbol and Shape (Shape)
Shapes are creative graphic designs which carry the symbol of the product or service, the shape is designed in a variety of stylized shapes, lines, colors, patterns... but must be distinguished by creativity with the exclusively registered trademarks/brands/logos of other companies.
+ For each country, the views on the distinction of creativity in the shapes are also very different. In Vietnam, the shape is considered as a basic element but it is not compulsory to have a shape of the brand to be registered (trademark can only be made by name/ text).
>> See also: Register exclusive trademark of home appliances?
+ According to the provisions of the Law on Intellectual Property of Vietnam 2005 (Law on Intellectual Property 2009), the shape must be observed with the normal eyes. It means prints that are unobservable or visible to the normal eyes are not accepted.
Text is the name of the product or service that the company intends to register. There are two basic characteristics of the text to note in the process of registration of an exclusive logo, trademark or brand is:
+ The text (name of the brand) should not describe for the nature of the service, product registration (Example: Best quality, perfect service ...) or directly describe to the area that the company is doing businesses in (e.g. pharmaceuticals, law, law firms, tourism ... even when translated into foreign languages).
+ The text (name of the brand) should not use common words (For example normal numbers from 0 to 9) or are generic terms that have no distinctive value (e.g. tourism companies, law firms, law firms ...). It must be a distinctive name with the registered trademark in the same category.
>> Non-distinctive factors inadvertently reduce the possibility to register for the company's logo.
Slogan (slogan of action, business slogan, slogan of sale) is a complement to the text, it represents the motto or strategy of operation of the company. A good slogan will contribute to deliver a strong message and attract more customers.
Minh Khue Law Firm give a clear example of these three elements with a famous brand of Vietnam as VIETTEL
Logo of the Vietnam Military Telecommunications Group (Viettel)
The logo of the business is registered to protect against future disputes that could damage the reputation, time and money of the business.
As can be seen, today's businesses are investing a lot of money for media, building an image for the brand such as: Advertising on television, newspapers, internet,...; develop brand strategies such as brand ambassadors or build brand identities (profiles, envelopes, uniforms ...). develop brand strategies such as brand ambassadors or build brand identities (profiles, envelopes, uniforms ...). Therefore, when there is a logo copyright dispute or a trademark dispute, there is the risk of changing all of the above if the company loses.
And the logo/brand disputes can ruin the reputation of the brand directly in the market. This damage cannot be estimated with money.
4. Where to register the logo?
4.1. Register logo copyright:
Registration of logo copyright in Copyright Office of Vietnam. The author or owner of the work may submit a copyright registration application for the logo (logo design) to recognize and be granted a copyright certificate for the designer who made the logo for the company.
Advantages of this form of registration: simple procedures, the time to issue the logo copyright certificate in the form of artwork application is quite fast (Less than 15 working days).
4.2. Exclusive logo registration:
Register exclusive logo at the National Office of Intellectual Property. the authors or owners may themselves register or through intellectual property agents to register for exclusive rights.
Advantages of this form of registration: The registration will create the highest degree of exclusiveness (high distinction ability) with the previously registered logos.
Legal advice for you: Register both above forms in Vietnam and prioritize applications at the National Office of Intellectual Property through the industrial property representation organization.
5. What document should the application include?
The most important thing is to really invest in creating the logo design that intended for exclusive registration. After successfully creating a logo and suitable with the business strategy, please contact immediately to register and prepare the following legal documents:
+ 02 logo complete templates (can be printed in color or in black and white);
+ Provide information of the author or the owner: Identity card or citizen identification card for individuals and a copy of business registration certificate if it is an organization/enterprise;
+ A complete application file includes: Copyright Registration Form or Trademark Registration Form
For the attached documents, company can contact law firms with the function of representing the industrial property to guide on finishing and registration.
The dossiers of registration shall be submitted directly at the National Office of Intellectual Property and the Copyright Office in Vietnam.
6. Why should you choose the Minh Khue Law Firm as a consultant and registration exclusive logo?
Minh Khue Law Firm is the industrial property representative number 226 granted by the National Office of Intellectual Property to operate in the field of industrial property. Owning a team of experienced lawyers, legal experts working in the field of intellectual property in Vietnam.
With experience and deep understanding of law in the field of intellectual property, Minh Khue Law Firm is committed to providing the highest quality to bring satisfaction to our clients. 1900.6162
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi
Consult and request for exclusive logo register service 24/7, call 1900.6162
Email: [email protected]
Look forward to cooperation with clients!
Intellectual Property Department - Minh Khue Law Firm