Is it eligible to register a mark that is identical with the stage name of a celebrity according to the current law of Vietnam?
What is a mark?
Pursuant to the Law on Intellectual Property 2005 of Vietnam, specifically in Clause 16 Article 4 of the Law on Intellectual Property 2005 of Vietnam (this Article is amended by Clause 2 Article 1 of the Law amending and supplementing a number of articles of the law on intellectual property 2009 of Vietnam) on the concept of a trademark as follows:
“Article 4. Interpretation of terms
In this Law, the terms below are construed as follows:
…
Mark means any sign used to distinguish goods or services of different organizations or individuals.”
In the general regulation of marks, there are more specific marks that are conceptually clarified such as collective marks, certification marks, affiliated marks and well-known marks. Specifically, Clause 17, Clause 18, Clause 19 and Clause 20, Article 4 of the Law on Intellectual Property 2005 of Vietnam prescribe the above concepts specifically as follows:
“Article 4. Interpretation of terms
In this Law, the terms below are construed as follows:
…
17. Collective mark means a mark used to distinguish goods or services of members from those of non-members of an organization which is the owner of such mark.
18. Certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter's goods or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
19. Integrated mark means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
20. Well-known mark means a mark widely known by consumers throughout the Vietnamese territory.”
Register a mark that is identical with the stage name of a celebrity
General conditions for marks to be eligible for protection
Pursuant to Article 72 of the Law on Intellectual Property 2005 of Vietnam on general conditions for marks to be eligible for protection:
Article 72. General conditions for marks to be eligible for protection
A mark shall be eligible for protection when it satisfies the following conditions:
1. It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours.
2. It is capable of distinguishing goods or services of the mark owner from those of other subjects.
Is it eligible to register a mark that is identical with the stage name of a celebrity?
Pursuant to Article 73 of the Law on Intellectual Property 2005 of Vietnam on signs ineligible for protection as marks:
Article 73. Signs ineligible for protection as marks
The following signs shall be ineligible for protection as marks:
1. Signs identical with or confusingly similar to national flags or national emblems.
2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations.
3. Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.
4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by such organizations.
5. Signs which cause misunderstanding or confusion or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of goods or services.
Thus, for your question, based on the above provisions, it is possible to answer that it is possible to register for protection of a mark that is identical with the name of a person or an organization, provided that it is distinguishable. For a celebrity to register for protection with the stage name of another celebrity, there is no violation of signs ineligible for protection as marks. However, the registration for protection of a mark that is identical with the stage name of another celebrity is likely to be referred to in Clause 5, Article 73 of the Law on Intellectual Property 2005 of Vietnam on signs of falsification, confusion or has the nature of deceiving consumers about the origin, features, uses, quality, value or other characteristics of goods or services. Therefore, it is very difficult to register for protection of a trademark that coincides with a celebrity's stage name.
Above are some regulations on the registration of mark protection with the stage name of a celebrity and some information related to the celebrity that we provide to you. Best regards!
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