Trademarks and Right to Register Trademarks

General Understanding of Trademarks

A trademark distinguishes the goods or services of different organizations and individuals. These signs can include letters, words, images, drawings, or combinations of these elements, displayed in one or more colors.

Rights to Register Trademarks

As per Article 87 of the Intellectual Property Law (amended and supplemented in 2009):

  1. Trademarks Registration Rights

    • Organizations and individuals can register trademarks for goods they produce or services they provide.
  2. Registering Trademarks for Outsourced Products

    • Organizations and individuals engaged in lawful commercial activities can register trademarks for products they sell but are produced by others.
    • The condition is that the producer does not use the same trademark for the product and does not object to the registration.
  3. Collective Trademarks

    • Legally established collective organizations can register collective trademarks for use by their members.
    • For geographical indications, the collective organization must include individuals engaged in production and business in that locality.
  4. Certification Marks

    • Organizations that control and certify the quality, characteristics, origin, or other criteria related to goods and services can register certification marks, provided they do not produce or trade those goods and services.
  5. Co-Ownership of Trademarks

    • Two or more organizations or individuals can jointly register a trademark as co-owners. The use of the trademark must not cause confusion about the origin of goods or services.
  6. Transfer of Trademark Registration Rights

    • Individuals or organizations entitled to register can transfer the registration rights to others through written contracts, inheritance, or legal succession.
  7. International Trademarks

    • Agents or representatives cannot register a trademark protected in a member country of an international treaty that Vietnam is also part of, without the consent of the trademark owner. Exceptions may apply under justifiable circumstances.

Source:Intellectual Property Office of Vietnam