Trang chủ » Criteria for evaluation of a well-known mark

Criteria for evaluation of a well-known mark

03/06/2023 - 145

Thblaw.com.vn

-

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:

  1. 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.
  2. The territorial area in which goods or services bearing the mark are circulated.
  3. Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.
  4. Duration of continuous use of the mark.
  5. Wide reputation of goods or services bearing the mark.
  6. Number of countries protecting the mark.
  7. Number of countries recognizing the mark as a well-known mark.
  8. 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.

Quang Anh

Contact us to be consulted and to use services.

—————————————————

THBlaw Company

Representative Office: No.10, Alley 102, Tran Phu Street, Ha Dong District, Ha Noi

Phone: 0836383322

Email: huyenvu@thblaw.com.vn

Website: thblaw.com.vn

Bài viết liên quan
Mistakes to avoid when registering a brand, trademark, logo

Mistakes to avoid when registering a brand, trademark, logo

Đăng vào ngày: 25/01/2024

Do not know what a brand is, how to register a brand or a trademark, do not investigate the trademark to avoid duplication… are common mistakes when registering for trademark protection.   1. Wrong process of trademark registration   Normally, when launching products or opening new stores, businesses will do procedures such as testing, announcing products, making […]

Xem thêm
Who can register industrial property rights?

Who can register industrial property rights?

Đăng vào ngày: 25/12/2023

Who can register industrial property rights?  1, Right to register inventions, industrial designs and layout designs  Pursuant to Article 86 of the Intellectual Property, the following organizations and individuals shall have the right to register inventions, industrial designs and layout designs: – Authors who have created inventions, industrial designs or layout designs by their own […]

Xem thêm
Preliminary for Trademark Registration

Preliminary for Trademark Registration

Đăng vào ngày: 09/06/2023

Trademark Trademark means any sign used to distinguish goods or services of different organizations or individuals.  Trademark Designs Should the applicant have a trademark before registration? Yes. The applicant should design or hire a professional designer to create a unique trademark for its business goods or services. Which form can a trademark be? A trademark […]

Xem thêm
How to register a business logo?

How to register a business logo?

Đăng vào ngày: 05/06/2023

According to Article 50 of IP Law: Authors, copyright holders and related rights holders can file, or authorize others to file the copyright or related registration application. An application consists of: A written application form for registration of copyright or related rights in Vietnamese; Two copies of the work subject to the application for copyright […]

Xem thêm