Tiếng Việt
Meaning of trademarks
Trademarks are signs used to distinguish goods and services of different organizations and individuals.
Signs used as trademarks must be visible signs in the form of letters, words, images, drawings or a combination of those elements expressed in one or more colors.
Right to register trademarks
According to Article 87 of the Intellectual Property Law (this article was amended and supplemented in 2009):
“Article 87. Right to register trademarks
1. Organizations and individuals may register trademarks to be used for goods they produce or services they provide.
2. Organizations and individuals that conduct lawful commercial activities may register trademarks for products they are marketing but produced by others, provided that the producers neither use such trademarks for their products nor object to such registration.
3. Lawfully established collective organizations may register collective trademarks to be used by their members under regulations on use of collective trademarks. For signs indicating geographical origins of goods or services, organizations that may register them are collective organizations of organizations or individuals engaged in production or trading in relevant localities. For other geographical names or signs indicating geographical origins of local specialties of Vietnam, the registration must be permitted by competent state agencies.
4. Organizations with the function of controlling and certifying the quality, properties, origin or other relevant criteria of goods or services may register certification trademarks, provided that they are not engaged in the production or trading of these goods or services. For other geographical names or signs indicating geographical origins of local specialties of Vietnam, the registration thereof must be permitted by a competent state agency.
5. Two or more organizations or individuals may jointly register a trademark in order to become its co-owners on the following conditions:
a/ This trademark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;
b/ The use of this trademark causes no confusion to consumers as to the origin of goods or services.
6. Persons having the registration right defined in Clauses 1, 2, 3, 4 and 5 of this Article, including those having filed registration applications, may assign the registration right to other organizations or individuals in the form of written contracts, bequeathal or inheritance under law, provided that the assigned organizations or individuals satisfy the relevant conditions on the persons having the registration right.
7. For a trademark protected in a country being a contracting party to a treaty which prohibits the representative or agent of a trademark owner to register such trademark and to which the Socialist Republic of Vietnam is also a contracting party, this representative or agent is not permitted to register the trademark unless it is so agreed by the trademark owner, unless a justifiable reason is available.”
Source: https://www.ipvietnam.gov.vn