25/01/2024 - 56
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 […]
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.
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.
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.
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Email: huyenvu@thblaw.com.vn
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