Criteria for evaluation of a well-known mark
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Pursuant to Clause 20, Article 4 of the Intellectual Property Law, “Well-known mark means a mark widely known by consumers throughout the territory of Vietnam” So what are the criteria to evaluate a well-known mark? According to Article 75 of the Intellectual Property Law, he criteria to be considered when conducting the procedure to recognize […]

Pursuant to Clause 20, Article 4 of the Intellectual Property Law, “Well-known mark means a mark widely known by consumers throughout the territory of Vietnam”
So what are the criteria to evaluate a well-known mark?
According to Article 75 of the Intellectual Property Law, he criteria to be considered when conducting the procedure to recognize a mark as well-known include:
Article 75. Criteria for evaluation of whether or not a mark is well known
The following criteria shall be taken into account when considering whether or not a mark is well known:
- The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.
- The territorial area in which goods or services bearing the mark are circulated.
- Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.
- Duration of continuous use of the mark.
- Wide reputation of goods or services bearing the mark.
- Number of countries protecting the mark.
- Number of countries recognizing the mark as a well-known mark.
- Assignment price, licensing price, or investment capital contribution value of the mark.
Industrial property rights to a well-known mark are established on the basis of widespread use to make this mark become a well-known mark, the owner does not need to carry out registration procedures at the National Office of Intellectual Property.
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