1. Exclusive registration of trademark:

Trademarks are signs used to distinguish goods and services of different organizations and individuals. The distinguishing sign must be visible in the form of letters, words, drawings, pictures, including holograms or combinations of all those elements, expressed in one or many colors. Visible signs can be protected as trademarks if they are distinctive, do not mislead consumers, and are not likely to conflict with earlier established rights of registered objects such as a trademark, trade name, geographical indication, or industrial design of other entities.

According to the Law on Intellectual Property 2005, trademarks are established on the basis of a decision to issue a protection title or on an international registration recognition of the National Office of Intellectual Property (except for famous marks). Vietnamese enterprises, organizations and individuals who wish to enjoy trademark rights must directly submit applications for protection titles at the National Office of Intellectual Property or authorize a representative organization such as Minh Law Firm Khue do related work.

The rights to a trademark is recognized in the territory of the State, and the mark registered in Vietnam or in any country shall be protected only in the territory of Vietnam or that country. To be protected in a foreign country, a trademark must be registered or used overseas. However, depending on the law of that country, the right to trademark arising through registration or use of the trademark.

In order to register a trademark abroad, Vietnamese enterprises can implement in many ways:

- Direct registration in each country;

- Or register through the Madrid International Registration System by submitting a single application that specifies the countries applying for registration. If registered under Madrid System, the trademark must first be applied for or registered in Vietnam depends on the intend register country belong to the Madrid Protocol or the Madrid Agreement.

Consult and request for exclusive trademark register service 24/7, call 1900.6162

Services of Minh Khue Law Firm in the field of consulting trademark registration:

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- Search and provide information on the use and registration of trademarks in Vietnam and abroad;

- Consultancy regarding the selection and use of trademarks;

- Assess the possibility of trademark registration in Vietnam and abroad (USA, Europe, Canada, Japan, Korea, Hong Kong, Singapore, China, Southeast Asian countries);

- Representing in applying for a Trademark Registration Certificate, amending or extending a trademark protection certificate in Vietnam and abroad;

- Assess the validity of the trademark registration certificate and the possibility of violating trademark rights being protected in Vietnam and abroad;

- Execution of trademark rights being protected: investigation, supervision, negotiation, conciliation, lawsuit or request competent authorities to handle violation in Vietnam and abroad;

- Negotiating, drafting, evaluating, registering contracts for the transfer of the right to use or the ownership of trademarks in Vietnam and abroad;

- Consulting strategy for building and developing the brand;

- Consulting clients to build and participate in brand awards.

2. Introduction to trade names:

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Trade names are the names of organizations and individuals used in business activities to distinguish the business entity bearing such name with other business entities in the same field and business area. The registration of trademarks is important for businesses, building the trust in customers and raise the reputation of enterprises in the market, towards sustainable development and expansion of customer sources.

Services of Minh Khue Law Firm in the field of consultancy registration trade name protection:

- Consulting, searching, registering trade name protection in Vietnam and abroad;

- Complete the application for protection titles of trade names;

- Consulting and evaluating the possibility of violating rights to registered trade names;

- Consulting to enhance the role, strengthen and develop the brand of trade names;

- Representing clients in responding or complaining about decisions of the National Office of Intellectual Property, including opposing and recommending changes in the decision;

3. Introduction to geographical indications:

Geographical indications are signs that refer to a product originating in a particular region, locality, territory, or country. The registration of protection of geographical indications helps individuals and organizations affirm the origin and quality of products and services, and improve the competitiveness of goods of the same kind which are supplied by other individuals and organizations on the market.

Services of Minh Khue Law Firm in the field of consultancy registration of geographical indications:

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- Consult the general conditions for the protection of geographical indications, the object that is protected/non-protected;

- Examining and assessing the legality of consultancy requirements and customer’s documents;

- Submit the application for the Protection Title;

- Monitoring the process of handling the work and notifying the results of the submitted dossiers;

- Receive the protection title at the National Office of Intellectual Property;

- Consulting about developing geographical indications brand.

4. Introduction to Inventions and Utility Solutions:

An invention is a technical solution in the form of a product or process that addresses a problem determined by the application of natural laws. Inventions are protected in two basic forms:

- Grant of an invention patent when it satisfies the following conditions: novelty, creativity, and industrial applicability;

- Grant of a utility solution patent if it is not common knowledge and meet the conditions: new and industrially applicable.

>> See also:  What is the invention? Service of registration of invention protection in Vietnam

According to the Law on Intellectual Property 2005, not all aspects of technology are subject to patent protection. For example, inventions, scientific theories, mathematical methods, computer programs, ways of representing information on methods of prevention, diagnosis and treatment of diseases for humans and animals ... are not protected with invention title.

According to the Law on Intellectual Property 2005, the rights to inventions are established on the basis of decisions of the National Office of Intellectual Property. Persons wishing to enjoy the right to an invention must directly apply for a protection title and submit it to the National Office of Intellectual Property or authorize an industrial property representative organization to proceed with the related works.

Services of Minh Khue Law Firm in the field of patent registration consultancy:

- Consulting, searching, assessing the usability, registration of protection of inventions/utility solutions in Vietnam and abroad;

- Complete the application for a protection title for invention (translate the document or write a patent description and request for protection, prepare drawings, make declarations, representations) to help the customer in filing the application for protection in Vietnam and abroad;

- Consulting and providing maintenance services for patent protection titles granted in Vietnam and abroad;

- Advising and evaluating the possibility of violating protected patent rights;

- Assess the validity of patent protection granted in Vietnam and abroad;

- Negotiating, drafting, evaluating, registering contracts for the transfer of the right to use or the ownership of inventions in Vietnam and abroad;

- Representing clients in responding or complaining about decisions of the National Office of Intellectual Property, including opposing and recommending changes in the decision;

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5. Introduction to design of semi-conducting closed circuits:

Design of semi-conducting closed circuits (hereinafter referred to as layout designs) are spatial structures of circuit elements and their linkage in semi-conducting closed circuits. The protection of design of semi-conducting closed circuits is particularly important as the technology is rapidly evolving, but individuals and organizations always want to use them in the commercial process without asking the owner who actually created the product. Therefore, the registration of layout designs protection will limit the ability of individuals or organizations to copy or use such designs in commercial activities for their own benefit but not to pay the cost to the creators who created that design.

Services of Minh Khue Law Firm in the field of consulting protection of design of semi-conducting closed circuits:

- Consult, search and evaluate the ability to register for protection;

- To complete dossiers of application for protection titles in Vietnam and abroad;

- Advising and providing maintenance services for the validity of protection titles granted in Vietnam and abroad;

- Advising and evaluating the possibility of violating the rights to layout designs being protected;

- Evaluating the validity of protection titles granted in Vietnam and abroad;

- Negotiating, drafting, evaluating, registering contracts for transfer of the right to use or ownership of such layout designs in Vietnam and abroad;

6. Introduction to industrial design

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An industrial design is the appearance of a product represented by a shape, line, color or a combination of these elements. Industrial designs are protected if they have novelty, creativity and industrial applicability. According to the Law on Intellectual Property 2005, some objects are not protected as industrial designs, for example, the appearance is determined entirely by the function of the product, the shape of the side Except for civil or industrial construction works, the shape of the product is not visible during the use of the product.

An industrial design is established on the basis of a decision on the grant of a protection title by the National Office of Intellectual Property. Persons wishing to enjoy industrial design rights must directly submit applications for protection titles at the National Office of Intellectual Property or authorize an Intellectual Property Organization to carry out the relevant work.

Services of Minh Khue Law Firm in the field of industrial design:

  • Search information on the use and registration of protection of industrial designs in Vietnam and abroad;
  • Consulting and assessing the usability and registration for protection of industrial designs in Vietnam and abroad;
  • Complete the application for a protection title for invention (translate the document or write a patent description and request for protection, prepare drawings, make declarations, representations) to help the customer in filing the application for industrial design protection in Vietnam and abroad;
  • Researching and assessing the possibility of violating the protected industrial designs;
  • Enforcement of protected industrial design rights: investigation, supervision, negotiation/conciliation, lawsuit in court or requesting other competent authorities to handle violations in Vietnam and abroad;
  • Negotiating, drafting, evaluating, registering contracts for the transfer of the right to use or the ownership of industrial designs in Vietnam and abroad;

7. Introduction to Licensing/Transfer:

Along with the establishment of rights, licensing/transfer of intellectual property rights is one of the rights attached to the operation of the business.

Services of Minh Khue Law Firm in the field of licensing / transfer of intellectual property rights:

  • Consult on the negotiation, drafting and implementation of procedures for the recognition of transfer contracts and licensing contracts relating to intellectual property objects such as invention, utility solutions and industrial design, trademarks, copyrights and technology transfer;
  • Representing clients to carry out the procedures for registering and approving the license agreements and the transfer of intellectual property subject matters to competent state agencies.

8. Introduction to plant variety protection:

A plant variety is a population of plants of the same lowest classification of plants, uniform morphology, stability through breeding cycles, identifiable by the expression of traits due to gene and gene combination and distinguished from any other plant population by the expression of at least one trait of inheritance. Plant variety protection allows the author to create new plant varieties that introduce new features of the crop and at the same time avoid the illegal reproduction of traits due to the gene and gene combination that the author has created for that plant variety.

Services of Minh Khue Law Firm in the field of plant variety protection:

  • Consult, search and evaluate the ability to register for protection;
  • Completing applications for protection titles in Vietnam and abroad;
  • Advising and providing maintenance services for protection titles granted in Vietnam and abroad;
  • Advising and evaluating the possibility of violating the rights being protected;
  • Evaluating the validity of protection titles granted in Vietnam and abroad;
  • Negotiating, drafting, evaluating, registering contracts for the transfer of the right to use or the ownership of plant variety in Vietnam and abroad;

9. Introduction to copyright and related rights:

>> See also:  Trademark of Products registration procedures

Copyright is the right of an organization or individual to a work that created or owned by them. Copyright is recognized for literary, artistic and scientific works such as books, lectures, musical works, theatrical works, cinematographic works, plastic works and applied artworks, photography, architectural works, and computer software. Copyright automatically arising from the moment the work is created in a certain material form, whether published or unpublished, whether registered or unregistered.

Relevant rights are the rights of organizations and individuals to performances, audio recordings, video recordings, broadcast programs and encrypted satellite signals.

Although it is not required to be entitled to enjoy the rights, registering copyright/related rights with the Copyright Office - Literature Arts will bring advantage to the person who is recognized as author/the owner when a dispute occurs.

Services of Minh Khue Law Firm in the field of consultancy for registration of copyright/related rights

  • Advice on the bases, the establishment, the fundamental limitations of copyright/related rights
  • Consulting and implementing procedures related to the registration of copyright/related rights;
  • Identify the author or owner of the copyright, especially when the work is created under a contract;
  • Consulting, representing clients in negotiating and drafting contracts for use, transfer and other contracts related to copyright/related rights;
  • Appealing decisions related to the grant of copyright/related rights;
  • Consult and coordinate with competent state agencies to deal with copyright/related rights violations;

10. Introduction to Website Services:

A website is a virtual office of business on the Internet. The website includes all information, data, images of products, services and business activities that companies want to deliver to the internet users. With such an important role, Website can be considered as the face of the Company, a place to welcome and deal with customers on the internet. Website is not just a place to provide information to viewers, customers and business partners of the business, it must also reflect the characteristics of the business, ensuring a high aesthetics. easy to use and especially attractive to users to persuade them to become customers of the business.

Services of Minh Khue Law Firm in the field of consulting, website design:

  • Domain registration;
  • Hosting;
  • Consulting, design dynamic website;
  • Consulting, designing the website of the province;
  • Advanced flash website;
  • Website maintenance;
  • Website promotion.

11. Introduction to the handling of intellectual property rights violations:

Dealing with intellectual property rights violations is one of the most important things to ensure that intellectual property rights are enforced in the most effective manner and protect the rights of the right holder.

Services of Minh Khue Law Firm in the field of handling violations:

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  • To request competent authorities to appraise and make conclusions on acts of violation upon intellectual property rights;
  • Requesting the violator to stop the violation;
  • Requesting competent authorities to handle violations;
  • Participating in lawsuits as lawyers to protect the rights and interests of customers related to intellectual property at competent courts.

12. Introduction to franchising:

Franchise is a commercial activity where the franchisor permits and requires the franchisees to trade the goods or provide services under certain conditions. A franchise contract is a contract that guides an enterprise to use a product or process of operation that is an object of industrial property and is protected. Franchise related to the transfer of technology, trademarks or other intellectual property.

Services of Minh Khue Law Firm in the field of franchising:

  • Searching, consulting and selecting the franchise system that best suits the needs of customers;
  • Assess the potential and prospects of the franchise system to be selected, evaluate the ability of the franchisor;
  • Legal advice during the franchise agreement negotiation process;
  • Drafting and examining the terms of contracts to protect the interests of customers in accordance with Vietnamese and international law;
  • Consulting financial issues in franchise contracts;
  • Conducting the procedures for recognition of franchise contracts, applying for permission to conduct franchise transactions;
  • Monitor, advise and protect the interests of customers throughout the franchise process

13. Code and barcode:

Barcode is a solution to facilitate and enhance productivity, efficiency in sales and management of goods with special types of code. The barcode of the goods consists of two parts: the code of the goods and the barcode is the part showing the code by the bar to read by the machine.

Each type of product varies in nature, quantity, packaging ... are selected different item code. These codes will be used along with the existence of the item. These items, when modified (such as changes in weight parameters, packaging methods ...) should be granted new product code. Therefore, the creation of codes for goods must pay attention to the specific characteristics of codes. Each code of a goods is a unique figure that represents the goods. Each type of goods is identified by a sequence of numbers and each sequence corresponds to a single goods. The code itself is just a series of numbers representing the goods, not related to the characteristics of the goods. It is not the classification number or quality of the goods, on the code also does not indicate price of the goods. The biggest benefit of applying the bar code in sales is that:

  • Increased productivity: fast charging, billing service customers;
  • Savings: using less manpower and less time in inventory, calculation;
  • Precisely: thanks to the barcode, people can accurately distinguish the goods that sometimes with the normal eye seem very similar, avoid mistakes when calculating prices, serve customers better.

Services of Minh Khue Law Firm in the field of consultancy registration code barcode:

  • Consult legal regulations related to the registration and use of bar codes and codes;
  • Consult the effectiveness of the use of bar codes;
  • Prepare documents, represent the customer to register the company code at GS1 Vietnam;
  • Guide clients on how to create and manage the goods code, to manage the goods of the business to the highest efficiency.

Translated from: Dịch vụ tư vấn luật trong lĩnh vực sở hữu trí tuệ

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

>> See also:  Trademark searching, brand searching and company logo searching

Consult and request for exclusive logo register service 24/7, call 1900.6162

Email: [email protected]

Look forward to cooperation with clients!

Best regards./.

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