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Conditions for trademarks protection

30/05/2023 - 111

Thblaw.com.vn

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Pursuant to Clause 16, Article 4 of the Intellectual Property Law, the trademark is a sign used to distinguish goods and services of different organizations and individuals. A trademark is protected if it accommodates the conditions specified in Article 72 of the Intellectual Property Law. Article 72: General Conditions for trademarks protection Trademarks are protected […]

Pursuant to Clause 16, Article 4 of the Intellectual Property Law, the trademark is a sign used to distinguish goods and services of different organizations and individuals.

A trademark is protected if it accommodates the conditions specified in Article 72 of the Intellectual Property Law.

Article 72: General Conditions for trademarks protection

Trademarks are protected if it accommodates the conditions below:

1, Is a visible sign in the form of alphabets, phrases, drawings, images, holographic images, or a combination of many of the above factors, represented by one or more colors;

2, Be able to distinguish the goods and services of many different owners

Also pursuant to the Intellectual Property Law, signs are not protected as trademarks include:

Article 73: Signs are not protected as trademarks

Signs as below are not protected as trademarks:

1, Signs which are identical or confusingly similar to images of national flags and emblems of other countries;

2, Signs which are identical or confusingly similar to flag symbols, badges, abbreviations, and full names of state agencies, political organizations, socio-political organizations, socio-political organizations – professional, social organizations, socio-professional organizations of Vietnam, and international organizations, without the permission of such agency or organization; this duplication or similarity may cause confuse.

3, Signs which are identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, and celebrities of Vietnam or abroad;

4, Signs identical or confusingly similar to the certification mark, inspection mark, or warranty mark of an international organization that such organization has requested may not be used unless the such organization has posted it itself. sign such marks as certification marks;

5, Signs which are false, confuse or deceive consumers about the origin, features, uses, quality, value, or other characteristics of goods or services.

Quang Anh

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