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Regulations on collective marks

05/06/2023 - 180

Thblaw.com.vn

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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 […]

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 to Clause 17, Article 4 of the Intellectual Property Law: “Collective mark means a mark used to distinguish goods or services of members of an organization which is the owner of such mark from marks of non-members of such organization”. Thus, in essence, a collective mark is still a type of trademark.

Specific characteristics of the collective mark: The owner of this mark is an organization. The members of the organization will be able to use the organization’s trademark for their products, the use of this collective mark must be in accordance with the organization’s regulations.

Thus, a collective mark is not owned by an individual or any business, it is under the common ownership of an organization, which includes many different members.

Pursuant to Clause 3, Article 87 of the Intellectual Property Law provides for the right to file a collective mark protection application:

  • Lawfully established collective organizations shall have the right to register collective marks to be used by the members of the collective organization pursuant to the regulations of the collective organization on use of collective marks.
  • For signs indicating geographical origins of goods or services, an organization with the right to register means a local collective organization of [other] organizations or individuals engaged in production or trading in the relevant locality.

Quang Anh

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