Criteria for evaluation of a well-known mark

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.

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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

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