Trang chủ » Mistakes to avoid when registering a brand, trademark, logo

Mistakes to avoid when registering a brand, trademark, logo

25/01/2024 - 82

Thblaw.com.vn

-

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 […]

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 barcodes or running ads to attract consumers. When brands have a foothold in the market and are trusted, businesses will think of brand monopoly protection. 

 At this point, if the trademark has been duplicated (i.e. there is an applicant to register), the enterprise will be refused a protection certificate. On the other hand, the enterprise will become an infringer of Intellectual Property rights if it continues to use that trademark as the corresponding store or product name. 

The late registration of the brand will affect the amount of branding capital because if another brand is changed, it will have to be done from scratch (consumers are used to the old brand), buying the brand of competitors also costs a lot of money and effort. Either way, the loss belongs to the “slow” enterprise. 

2. The design logo is identical or similar to the trademark registered for protection

Currently, there are many enterprises designing brand logos bearing signs of famous brands or have exclusively registered logos at the Intellectual Property Office of Vietnam. This causes confusion about the source and origin of products and services. Therefore, the application will be rejected immediately upon appraisal of the content of the application. 

Example: The shoe store logo design has the letter “V” that resembles the letter V stretched in the Vans shoe logo. 

3. Do not look up the trademark before proceeding with the trademark registration procedure

Some individuals and organizations do not look up trademarks carefully before applying for trademark exclusive protection. This leads to the fact that after registration, it is discovered that the trademark is identical or similar to another trademark with a valid protection certificate, or is refused to grant the diploma by the Intellectual Property Office of Vietnam.

At that time, individuals and businesses spent a large amount of money and time on branding but could not use that brand legally.

4. Do not clearly distinguish company name and trademark 

Company names and trademarks are two different concepts. Your company name is the name of your business that you build. The company name does not have to coincide with the brand name. A company can own many different trademarks. For example, Anpha company can own the trademark Anpha Accountant, Vivu Ly Son travel company, An Phuc construction company …, as long as these trademarks/company names are legal.

Many businesses think that the company name is not duplicated to be able to register, so it is not necessary to register exclusively. Currently, many enterprises when establishing a company will check the company name first. If the name is not duplicated, you can set up a business. But they confuse checking between company names and brand names, as these are two categories of two different state agencies. 

A business registration certificate issued by the Department of Planning and Investment (MPI) of the province/city, in which the company name is not identical or confusing with the registered companies, will be approved. As for a trademark that fully meets the requirements of the state, there is a Trademark Diploma issued by the Intellectual Property Office of Vietnam to the applicant. These are two different state agencies, with jurisdiction over two different areas.

Although the company name does not coincide with other companies and is certified by the Department of Planning and Investment, it is not certain that in the market this business name does not coincide with another brand name. In fact, in the market, there are many individuals/organizations doing business in many different fields with many different brand logos. The majority of these trademarks have been registered for exclusive protection by their owners.

Before registering an exclusive trademark or logo, individuals/organizations should learn carefully to avoid the aforementioned errors. At the same time, enterprises should carry out trademark registration procedures early to gain priority protection rights.

Contact us to be consulted and to use services.

THB law firm

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
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
Regulations on collective marks

Regulations on collective marks

Đăng vào ngày: 05/06/2023

In Vietnam, production and business activities according to traditional craft villages or production and business of local specialties are relatively popular. In order to protect the brand of collective products, advertise the brand of local products and create fair competition for these products in the market, Vietnam’s intellectual property law has stipulated as follows: Pursuant […]

Xem thêm