“Brand” means a logo, name, brand, etc … affixed to goods, signboards, packages, websites, transaction paper Brand” means a logo, name, brand, etc., affixed to goods, signboards, packages, websites, and transaction paper in business activities used to distinguish goods and / or services of organizations and individuals, different manners.
Conditions of protection
Trademarks are protected if they meet the following conditions:
- A visible sign in the form of a letter, word, picture, picture, including hologram or combination these elements represented by one or more colors.
- Ability to distinguish the goods or services of the trademark owner from the goods and services of other subjects.
Specifically:: The trademark should meet all 19 conditions of protection of the law (six conditions for being considered as a trademark and 13 conditions of distinction ability) to be granted the title of protection.
Signs are not protected as a trademark
- Signs which are identical with or confusingly similar to national flags and national emblems of countries.
- Signs which are identical with or confusingly similar to symbols, flags, insignia, initials and full names of state agencies, political organizations, socio-political organizations, political organizations professional organizations, social organizations, socio-professional organizations of Vietnam and international organizations, if not permitted by such agencies or organizations.
- Signs which are identical or confusingly similar to names, nicknames, pseudonyms, images of leaders, national heroes, Vietnamese and foreign nationals.
- Signs which are identical with or confusingly similar to the certification marks, check marks and warranty marks of international organizations which such organizations request are not allowed to use, except for cases where such organizations register their The mark is a certification mark.
- Signs that mislead confuse or deceive consumers about the origin, features, utility, quality, value or other characteristics of the goods or services.
Rights are established on the basis of protection titles: Trademark owners can only be protected by the law when the trademarks are granted the protection titles (certificates of registration of marks), which are granted through the registration procedures.
Prestige: In the marketing tool, the trademark is a sign that helps identify and affirm the commercial credibility of the business in production and business. Trademark confirms a product / service of clear origin and quality guaranteed.
Brand Identity: Trademark is the "core" element in the brand identity of the business.
Monopoly: Registered trademarks will be only exclusively used by the owner. Any person using a duplicate or similar mark that is misleading to a registered trademark in the same product or service will be considered a violation of law.
Strongly protected by law: With the registration of the Trademark, the trademark owner will be protected by many State authorities such as the People's Court, The Police, the Customs, The Inspectorate specialized in Science and Technology, The Market Management Force ...
- Consult the information related to the trademark;
- Consult the registration capability and use trademark;
- Consult to complete the dossier and proceed registration procedures for trademark protection;
- Proceed the procedures for protesting, appealing and invalidating the certificate of registration of trademark;
- Extend the validity of the certificate of registration of trademark;
- Record these changes related to the certificate of registration of trademark;
- Consult for registration of transfer of intellectual property rights to trademarks;
- Manage the registration dossiers untill the final results are available, actively update the dossier processing status and promptly responding to the registration agency's opinion.
- A copy of Business Registration Certificate (if Trademark Registration for Company) or ID card (if Trademark registration for individual).
- Trademark pattern need to register (or file clarity, color)
- Name of goods / services: CIS Law Firm will perform grouping (if not grouped), can expand the goods / services as needed.
Trademark registration dossiers shall be handled according to detailed procedures as follows:
- Formal examination: within 01 month from the filling trademark application.
- Application publication: The trademark appication shall be published within two months from the date application is accepted as a valid application.
- Examination as to substance: 09 months from the date of publication of the valid application.
- Issuance of registration certificate of the registered mark.
An industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
A product which means object, tool, equipment, product, device or a part to be assembled or component of that product is manufactured by an industrial or manual method, has detailed features and functions and is independently circulated.
Common industrial designs:
Quần áo, giày dép, mũ nón
Structure:: is a collection of parts with the same or different functions, linked together to perform a certain function, for example: tools, machines, equipment, machine parts, detail assemblies machines, other products, etc...
Substance: is a collection of interrelated elements, characterized by the presence, proportion and state of elements forming and having certain functions. Substance may be a chemical compound, a mixture of substances, for example: materials, materials, foodstuffs, pharmaceuticals;
Method: is a procedure for performing stages or series of stages that occur at the same time or consecutively over time, under defined technical conditions using the specified means, for example: production process, processing, mining, measurement, exploration, etc...
Biological material: :is a material that contains genetic information, capable of self-replicating or being reproduced in biological systems, such as cells, genes, transgenic plants;
Using a known device (or a substance, a method, a biological material) according to the new function is to use them with a function different from the known function, for example: using cheese as a cure for toothache
Subject matters not protected as inventions
- Scientific intentions, principles and inventions
- Methods and systems of economic organization and management
- Methods and systems of education, teaching and training;
- Training method for pets;
- Language system, information system, classification, document arrangement;
- Design and planning scheme of construction works, planning projects and territorial zoning;
- The solution only refers to the external appearance of the product, only aesthetic and not technical;
- Conventional symbols, timetables, rules and regulations, and symbolic signs:
- Computer software, electronic circuit layout design, mathematical models, lookup graphs and the like;
- Plant varieties, animal breeds;
- Methods of disease prevention, diagnosis and treatment for humans and animals;
- Processes of a biological nature (except microbiological processes) for the production of plants and animals;
- Subjects contrary to social interests, public order, humanitarian principles;
An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:
- Being novel;
- Involving an inventive step;
- Being susceptible of industrial application
Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:
- Being novel;
- Being susceptible of industrial application
The only legal basis for claiming the ownership of a technical solution (Invention / Utility Solutions) in Vietnam is the patent for the invention (granted under the Invention/Utility Solutions registration procedure).
Being a basis for technology transfer and increase the value of technology transferred.
Being a basis for proving the priority when registering the invention in countries that are members of the Paris Convention and participating in the Patent Cooperation Treaty (PCT).
Being a basis for confirming "novelty" to prevent the appropriation of patent registration rights in Vietnam and other countries (such as China, Japan, USA, Europe ...)
- Conducting a preliminary search related to inventions;
- Advice on the ability to protect inventions;
- Filing invention applications;
- Carrying out procedures for opposition, complaint and invalidation of exclusive rights to inventions;
- Extension of validity of inventions;
- Amendment of invention information;
- Follow applications of inventions until the final results, proactively update the status of application processing and promptly respond to the opinions of the NOIP;
- Information of authors, right holders of the inventions (ID card, Certificate of business);
- The description of the invention is so informative that it is possible for any person with average knowledge of the relevant technical field to implement the solution.
- Drawings, illustrations;
- Documents proving the priority right, if there is a claim for priority, for example: Copy of the application or the first applications certified by the state agency that received the first application.
Invention/Utility Solutions applications are processed according to the following detailed process:
- Filing the application;
- Formal examination: 01 month from the filing date;
- Publication: An invention registration application shall be published in the 19th month as from the filing date or the priority date, as applicable, or at an earlier time at the request of the applicant;
- Within 42 months after the filing date or the priority date, as applicable, an applicant or any third party may request the concerned state management agency in charge of industrial property rights to substantively examine the application;
- Substantive examination: Not later than 18 months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication.
- Granting of protection titles.
- Protection titles are valid throughout the territory of Vietnam.
- Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date;
- Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.
Besides, in order to maintain the validity of an invention patent or a utility solution patent, its owner shall have to pay validity maintenance fee.