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Handle business names that infringe on industrial property rights

25/01/2024 - 53

Thblaw.com.vn

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According to Clause 1 Article 19 of Decree 01/2021/ND-CP, do not use protected trade names, trademarks, or geographical indications of organizations or individuals to form the business’s own name, unless allowed by the owner of the trade name or trademark. Before registering a business name, business owners should look up previously registered trademarks and geographical […]

According to Clause 1 Article 19 of Decree 01/2021/ND-CP, do not use protected trade names, trademarks, or geographical indications of organizations or individuals to form the business’s own name, unless allowed by the owner of the trade name or trademark.

Before registering a business name, business owners should look up previously registered trademarks and geographical indications. These trademarks and geographical indications are stored in the database of state management agencies. 

According to Clause 3, Article 19 of Decree 01/2021/ND-CP, the process for handling business names that infringe upon industrial property rights is prescribed as follows: 

(i) The rights owner can send a complaint to the Business Registration Office to request the infringing party to change the business name.

(ii) Documents are attached to the complaint:

– Confirmation from a competent authority on the act of using a business name to infringe upon industrial property rights

– Trademark registration certificate or Geographical indication registration certificate

– Authorization of the rights owner if the person filing th complaint is not the rights owner. 

According to Clause 4, Article 19 of Decree 01/2021/ND-CP, procedures for handling violators whose names are enterprises infringing on industrial property rights are prescribed as follows:

– Within 10 working days, from the time the application procedure are completed, the Business Registration Office will send a notification requesting the infringinger to change the business name and conduct business registration procedures within 02 months from the date the notification is issued. Documents related to the rights owner are attached to this notification. 

– After the above time, if the infringer does not change the business name as requested, the business registration office will send a document. If the enterprise does not register to change the business name as requested, the Business Registration Office shall notify the competent state agencies to handle by the law. 

According to Clause 5, Article 19 of Decree 01/2021/NĐ-CP, the competent authority will issue a penalty decision against the infringer and take one of two remedial measures as follows: 

– Forced change of business name 

– Forced removal of infringing elements in the business name

If the infringer does not complete with the above requests within the time limit prescribed by law, the Business Registration Office will request to report the reason in this case according to Point c, Clause 1, Article 216 of the Law on Enterprises 2020.
If the infringer does not report the reason within 6 months from the deadline for submitting the report, the Business Registration Office will revoke the infringer’s business registration certificate. 

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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