Vietnam Trademark Registration under IP Law in Vietnam

Vietnam Trademark Registration under IP Law in Vietnam

What is Vietnam trademark registration?

Vietnam trademark registration is the process of obtaining a legal right to use a trademark in Vietnam. A trademark is a word, phrase, symbol, or design that identifies the source of goods or services and distinguishes them from those of other sources.

Where to file Vietnam trademark registration?

To register a trademark in Vietnam, you must file an application with the National Office of Intellectual Property (NOIP).

The Vietnam trademark registration application

The application must include the necessary information and documentation, such as the trademark image or word mark, the list of the goods or services that the trademark will be used for (according to the Vietnam classification system), and proof of the applicant’s identity...

The NOIP will then examine the application to determine whether the trademark is eligible for registration. If the trademark is eligible, the NOIP will publish the application in the Official Gazette for a period of 2 months. This gives other parties an opportunity to oppose the registration of the trademark.

If there is no opposition, the NOIP will register the trademark and issue a certificate of registration. The trademark will be valid for 10 years from the filing date. The registration can be renewed for an unlimited number of 10-year periods.

The benefits of Vietnam trademark registration

It gives you the exclusive right to use the trademark in Vietnam.

It prevents others from using your trademark without your permission.

It helps to build brand awareness and protect your reputation.

It can increase the value of your business.

It is important to consider registering your trademark. This will help to protect your brand and your business interests while doing business in Vietnam. 

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Reputable law firm in Vietnam

Reputable law firm in Vietnam

ANT Lawyers- A reputable law firm in Vietnam has English-speaking attorneys in Hanoi, Danang, and Ho Chi Minh City offices.

Our friendly, collegiate, and team-based working style is something we take great satisfaction in as a single, fully integrated, international partnership law practice in Vietnam.

We are a member of International Bar Association, Vietnam Bar Federation, Hanoi Bar Association.

ANT Lawyers is an Exclusive member in Vietnam of Prae Legal, a network of law firms with offices in 150 nations across 5 continents.

IFLR1000 assesses ANT Lawyers under Financial and Corporate. The boutique law practice specializes in corporate M&A and represents foreign clients and investors in a variety of domestic and international transactions, including joint ventures and restructuring.

We pride ourselves in our global recognition by the IFLR1000 on Financial and Corporate practice, our peers at Prae Legal's international standard, our local knowledge with our extensive network of Vietnamese authorities and local experts.

Our business approach is guided by customer needs and our goal of providing clients with high-quality legal assistance in a business environment.

Allow ANT Lawyers, a law firm in Vietnam assist you in conducting business in Vietnam.

Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529 

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How to start a business in Vietnam as a foreign investor?

How to start a business in Vietnam as a foreign investor?

Vietnam is one of the fastest-growing economies in Southeast Asia, with a young and dynamic population, a favorable business environment, and a strategic location. Additionally, Vietnam's government has been increasingly enacting more preferential policies to facilitate foreign investors' entry into the country to do business in Vietnam. If you are interested in starting a business in Vietnam, here are some steps you need to follow:

Step 1: Choose a business entity type

There are different types of business entities in Vietnam, such as limited liability company joint-stock company partnership, branch office, representative office, etc. Each type has its own advantages and disadvantages, depending on your business goals, capital, and legal requirements. You should consult a local law firm in Vietnam to help you decide which entity type suits your needs best.

Step 2: Register your business in Vietnam

After chosing your business entity type, you need to register your business with the relevant authorities in Vietnam. This involves submitting various documents, such as: business name, address, charter capital, shareholders, directors, tax code, etc. Depending on the type and scope of your business, you may also need to obtain additional licenses or permits from other agencies, such as the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Planning and Investment, etc.

Step 3: Open a bank account in Vietnam

You need to open company’s bank account after registering your business. You will need to provide your business registration certificate, tax code certificate, and other documents to the bank. You can choose from various local or foreign banks operating in Vietnam, depending on your preferences and needs.

Step 4: Hire staff and set up your office in Vietnam

The next step is to hire staff and set up your office in Vietnam. You will need to comply with the labor laws and regulations in Vietnam, such as: minimum wage, social insurance, health insurance, working hours, etc. You will also need to find a suitable location for your office and equip it with the necessary facilities and equipment.

Step 5: Start your operations and marketing

You will need to develop a business plan and strategy that suits the local market and culture in Vietnam. You will also need to build relationships with customers, suppliers, partners, and authorities in Vietnam. You can use various channels and methods to promote your products or services, such as: social media,online platforms, events, etc.

Starting a business in Vietnam can be challenging but rewarding. By following these steps and seeking professional advice from the law firm in Vietnam when needed, you can successfully establish and grow your business in Vietnam.

ANT Lawyers is the reliable law firm in Vietnam that will always contact the authorities to obtain legal updates on issues pertaining to do business in Vietnam. 

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ANT Lawyers - International Law Firm in Vietnam

How ANT Lawyers – International Law Firm in Vietnam Could Help Your Business?

ANT Lawyers is a reliable law firm in Vietnam with English speaking lawyers and has been ranked as a leading law firm by well-known legal editorials, including The Legal 500. The firm is an exclusive Vietnam law firm member of Prae Legal, a global law firm network

ANT Lawyers – An International law firm in Vietnam has a team of experienced lawyers who can help with a wide range of legal matters, including:

Corporate law

M&A

Dispute resolution

Intellectual property

Real estate

Labor law

Tax law

Immigration law…

Related Post: English speaking law firm in Hanoi

Why you should choose ANT Lawyers?

-Experienced English speaking lawyers

-Strong international network

-Excellent reputation

-Reasonable fees

-Client satisfaction: ANT Lawyers has a high client satisfaction rating.

-Continuing education: The lawyers at ANT Lawyers are constantly attending continuing education courses to stay up-to-date on the latest legal developments.

Overall, ANT Lawyers is a reliable law firm in Vietnam that can provide you with high-quality legal services.

ANT Lawyers - Your Reliable Law Firm in Vietnam 

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How Trademark Licensing in Vietnam Works?

 How Trademark Licensing in Vietnam Works?

Vietnam's intellectual property law governs the licensing of industrial property subjects in general and trademarks in particular. As a result, when a trademark is licensed in Vietnam, the owner (the licensor) grants permission to another party (the licensee) to use the trademark in Vietnam under terms and conditions that have been mutually agreed upon.

The nature and quality of the products or services associated with the trademark are still under the control of the licensor.

Quality control is the most important aspect of trademark licensing in Vietnam because buyers expect consistent quality from trademarked goods or services regardless of where they are purchased or used.

To avoid disputes in trademark licensing in Vietnam, permission must be granted in writing.

What are the advantages of trademark licensing in Vietnam?

Trademark licensing in Vietnam could bring great advantages as following:

• Additional revenue
• Territorial expansion
• Benefits from others’ manufacturing, sales, distribution, marketing skills
• New channels of distribution
• Discontinued marks
•  Strategic partnerships
• Convert a trademark infringer into a partner
• Increase consumer recognition and advertising 

Forms of trademark licenses in Vietnam

Trademark licensing in Vietnam may take the following forms:

• Franchising
• Merchandising
• Brand extension
• Co-branding
• Components or ingredient branding
• Standards

What kinds of contracts exist for trademark licensing in Vietnam?

Licensing of trademark includes the following types: Exclusive contract, Non-exclusive contract, Sub-license contract.

-First, an exclusive contract is one in which the licensee has exclusive use of the licensed trademark within the scope and duration of the licensing agreement, while the licensor is prohibited from using the licensed trademark without the licensee's permission.

-Second, a non-exclusive contract is one in which the licensor retains the right to use the trademark and enter into a non-exclusive trademark license agreement with others within the scope and duration of the licensing agreement.

-Thirdly, trademark sub-license contract mean an agreement under which the licensor is a licensee of the option to utilize such brand name as per another agreement.

What is included in the Vietnam trademark licensing contract?

In a the agreements, having the accompanying contents is required: complete names and addresses of the licensor and of the licensee; reasons for licenses; type of contract; scope of licensing, including territorial and use right restrictions; contract duration price of a license; rights and responsibilities of the licensee and licensor. To deal with potential disputes that may arise between parties during the execution of trademark licensing in Vietnam, it is essential to establish regulations regarding the dispute resolution process for trademark licensing.

The parties must also consider the legality of this contract in addition to the aforementioned provisions. In contrast to assignment contracts for trademarks in Vietnam, where they must be registered at the National Office of Intellectual Property of Vietnam before they can take effect, licensing contracts for trademarks do not require such registration. When the licensor loses its trademark rights, the licensing agreement will automatically end.

Our Intellectual Property attorney can assist the client with any additional inquiries or requests for legal counsel regarding trademark licensing in Vietnam or a dispute in trademark licensing contract.

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Trademark Infringement lawyers in Vietnam assist trademark infringement

 Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient.

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Successfully Register a Vietnam Trademark in the US

ANT Lawyers as an Industrial Property law firm with full IP license under Vietnam laws represented Live Forever Young Co., Ltd to submit an international application of trademark Live Forever Young trademark which designated the US according to the World Intellectual Property Organization (WIPO) on October 2021.

                                               

  ANT Lawyers IP law firm in Vietnam

Through the formal examination stage, on March 2021, WIPO issued a Certificate of Registration, which certifies that the above application conformed to the formal requirements of WIPO. Subsequently, WIPO notifies the Intellectual Property Office of the U.S. and this Office could conduct the substantive examination.

During the substantive examination stage, the United States Patent and Trademark Office (USPTO) issued a Non-final Office Action on May 2021. Subsequently, ANT Lawyers assisted the Client in preparing and submitting the corresponding response letter to USPTO.

After 7 months of substantive examination, on October 2021, the Live Forever Young trademark has been successfully registered in the US and USPTO issued a Registration Certificate. Accordingly, the registration will remain in full force and effect for a term of ten years from the date of issuance and may file a renewal.

Trademark registration in the US is very important for the client as this is the first step that uncovers the considerable opportunities for entering the potential market in the US. With the help of ANT Lawyers from experts in intellectual property as well as close cooperation relationships with IP law firm in different part of the world, ANT Lawyers IP law firm has assisted Clients in achieving their goals and while maximizing their rights and exploiting legal benefits from intellectual property as well as minimizing risks in the process of registration of trademark in Vietnam and international trademark registration in US.

Source ANTLawyers: https://antlawyers.vn/library/register-vietnam-trademark-in-the-us.html

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