A page that aggregates the latest news on trademark registration and intellectual property of Asoka Law, accompanying businesses in protecting intellectual property.
There are specific principles of trademark registration (also known as trademark protection registration, and brand registration), which might sound like “injustice”. However, in the world today, most are applied quite the same, which are:
1. Principle of “Firstly register”
The NOIP is a managing agency, designed to assist individuals/ enterprises to register trademarks used for products or services that these entities are doing businesses and/or intend to do businesses. The above management function does not include requiring the trademark owner to prove that the mark is exactly the intellectual property belonging to his/her entirely (except for some special circumstances, such as famous brands). This means that if you own a company specializing in distributing products/ services but haven’t register a trademark, you will definitely face the risk of losing the trademark to competitors.
2. Principle of “first-to-file”
Vietnam’s Law on Intellectual Property regulates that: “In case there are many applications filed by different persons for registration of identical or confusingly similar marks for identical or similar products or services, or in case there are many applications filed by the same person for registration of identical marks for identical products or services, the protection title may only be granted for the mark in the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.” This means “first come, first served”. Thus, how to file an application in the quickest way is the prerequisite in winning the trademark protection for the owner.
"First Come First Served" is an explicit principle in trademark registration.
If you are operating a foreign-based business in Vietnam, have you registered a trademark for your business? Do you know that, following the above two principles, registering a trademark in Vietnam is “a piece of cake”? This leads to a risk that you may lose your trademark to competitors or even the representatives who distribute your goods / services in Vietnam - they can quickly register ownership towards your logo before you. So, even when you are the owner of your business, you might have no legal rights with your trademark.
Read more: "Priority right" - The biggest advantage when registering exclusive logo protection
Recognizing the above risks for foreign enterprises/ individuals doing business in Vietnam, based on experience in the field of trademark protection for Vietnamese enterprises/ individuals since 2015, Asoka Law has now begun to provide support to foreign businesses/ individuals having headquarters or permanent residence in Vietnam. The price for such services is almost the same as for Vietnamese, only adding fees for transaction, consultation in English, and translation to English.
Asoka Law 3-step trademark registration process:
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