For more than 10 years of development and development, Minh Khue Law has supported thousands of corporate or individual clients to build and develop national brands and help hundreds of international corporations.
1. What is a trademark? Why should you register for trademark protection?
According to the Law on Intellectual Property 2005 (amended and supplemented in 2009), trademarks are defined as:
"Article 4. Interpretation of terms...
16. Mark means any sign used to distinguish goods or services of different organizations or individuals."
Brands can be understood as words, images, logos, or combinations of cubes, textures, lines, colors, etc., making the difference that customers can distinguish between Brands of the same type.
In fact, there are many different ways of calling trademarks such as brand, company logo, etc. Under the provisions of the Law Intellectual Property, these concepts do not exist, but from an academic standpoint, we can distinguish between Trademark - Brand - Logo based on their specific scope or object. We understand that when you say that you need to register a trademark or need to register a logo, that means that you are applying for trademark protection for individuals, organizations or businesses.
An interesting question is: Why do you need to register a trademark?
- From an economic perspective: When you own an exclusive trademark (exclusive brand) that is known by many people and have the opportunity to become a well-known brand, it will give the owner big competitive advantages in the market and thus help the owner to be rich. In the world, no billionaire does not associate or own dozens of well-known brands in every nation or region, even globally famous, and in Vietnam, that fact is also true. Therefore, "exclusive trademark" is a special kind of property that can be practically sold or transferred.
- Form Legal perspective: Registration of trademark protection in each country, region ... will help businesses eliminate legal conflicts, limit risks in business activities. thereby creating stable and sustainable development for enterprises.
Therefore, registration of trademark protection is extremely important before developing or trading a product or service. Trademark registration can be done right after the idea of developing goods or services.
2. Procedures for registration of trademark protection in Vietnam:
2.1 Basic Requirements for a Registered Trademark:
A trademark when filing an exclusive application must meet the following basic criteria:
+ The trademark (brand, logo) is 8x8 cm in size (one square is 8cm);
+ Trademarks can be printed in different colors or printed in black/white;
+ The mark must have clear lines and textures and be visible to the naked eye;
+ A trademark may be composed of three elements: the text (Brand Name), the image (corporate logo), and the slogan.
2.2 Trademark registration process:
Trademarks are registered and processed at the National Office of Intellectual Property (NOIP) in the following order:
Step 1: the Formal examination of the trademark registration dossier:
It is the examination in the NOIP to evaluate the validity of the application in terms of form (size, color, form, subject, fees) to draw conclusions on the valid or invalid of the application. Formal examination duration is normally 1 month from the filing date and priority is granted.
Step 2: Declaration of eligible applications:
A validly accepted trademark application will be posted publicly (published) in the Industrial Property Gazette within two months from the date of acceptance of the valid application. The content of the application for registration of a trademark is the information on the registered trademark such as: Information of the applicant (company name/name, address ...) and list of goods and service register for trademark protection.
Step 3: Examine the content and issue the protection title.
Trademark applications that have been recognized as valid will be subject to content examination to assess the possibility of granting a trademark registration certificate. The nature of the content examination is to look for the control marks and marks similar to the registered marks as the legal basis for the granting or the refusal of a certificate (when there are control marks, confusing brand). The time limit for content examination of a trademark application is 9 months from the date of publication of the application.
Therefore, according to the registration procedure of trademark protection of the NOIP, it takes more than 9 months to receive a protection title and many clients are not satisfied with the waiting period. long. Please further explain that "the most important thing of the registration of a proprietary mark is to receive the priority right to use the trademark from the date of filing the trademark application," while the registration process at the NOIP is a step to create transparency in the process of registration of intellectual property rights in order to minimize arising legal disputes.
Example: The two companies want to protect trademark A in the pharmaceutical sector. Companies that apply in advance will be given priority and use the trademark, the company that submit the application latter will be compared to the first company and will be refused to grant a certificate.
3. About the service of registration of trademark protection and price list service of trademark registration:
The process of registration for trademark protection of Minh Khue Law Firm is as follows:
Step 1: Receipt of information on registration requirements for the protection of trademarks.
Minh Khue Law receives service requests under the following ways:
- Receive requests via Email: email@example.com Please send your samples (logo template) and basic requirements for the registration.
- Receive information directly at the headquarters of Minh Khue Law Firm (Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.).
- Receive information on trademark registration by calling service number: 0243 991 6057 (Service phone number, reception and customer care).
Step 2: Send a letter of advice and quotation of the lawyer's services.
Step 3: Sign legal service contracts for registration of trademark rights while concluding legal service contracts. Service contracts for registration of trademark are carried out on the following principles:
+ Counsel and look up the ability to register trademark protection in Vietnam. Minh Khue Law Firm consulted and coordinated with the examiners to independently evaluate the possibility of registering trademark protection to come to the conclusion: Brand has possibility or no possibility to register, for some brands that can remove or add details to increase the possibility of registration protection we will advise customers to adjust for in accordance with the law.
+ Applying for trademarks with the possibility to register for protection and monitoring (over a period of more than 9 months) until the customer receives the results of the grant of a protection title;
In addition to trademark registration services, Minh Khue Law also provides a number of other prestigious legal services in the field of intellectual property such as: Extent duration of the protection title; Investigating, supervising, negotiating, mediating or initiating a lawsuit, appealing or opposing an application at a competent state agency in dealing with an infringement of intellectual property rights in Vietnam and abroad.
4. Why should you use a lawyer consultancy service of Minh Khue Law Firm to carry out registration procedures for the exclusive trademark:
We have the most experienced lawyers and legal experts in the field of Intellectual Property (This is partly confirmed by the participation of VTV1, VTV6, and VTV2's provincial programs on intellectual property rights in Vietnam).
Lawyer, Mr. Le Minh Truong participated in the 60-minute program on VTV6 - Legal advice on intellectual property
Lawyer, Mrs. To Thi Phuong Dung is responding to 24-hour movement on dealing with copyright infringement on the internet
Lawyer, Mr. Le Minh Truong participates in contributing ideas with National Defense Television on Music licensing fees in rooms, hotels, cafes
Lawyer, Mr. Le Minh Truong responds to 24h / VTV1: What is the legality of music royalty based on the "number of seats" in cafes?
Lawyer Mr. Le Minh Truong - Consultant on intellectual property law on Nam Dinh Television (NTV)- Do you use the intellectual property registration service? - You need to know
With experience and deep understanding of law in the field of intellectual property, Minh Khue Law Firm is committed to providing legal counsel services and procedures for registration of exclusive trademarks with high quality to bring the satisfaction of customers.
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