Establishment Basis of Industrial Property Rights for Well-known Trademarks

Based on Clause 1, Article 2 of the Insurance Business Law, the amended 2019 Intellectual Property Law (amending Point a, Clause 3, Article 6 of the 2005 Intellectual Property Law) stipulates the basis for the generation and establishment of intellectual property rights as follows:

- Industrial property rights for inventions, industrial designs, layout designs, and trademarks are established on the basis of the decision to grant protection titles by the competent state authority according to the registration procedures stipulated in this Law or the recognition of international registration under the international treaties to which the Socialist Republic of Vietnam is a party.

- Industrial property rights for well-known trademarks are established on the basis of use, irrespective of the registration procedures.

- Industrial property rights for geographical indications are established on the basis of the decision to grant protection titles by the competent state authority according to the registration procedures stipulated in this Law or according to the international treaties to which the Socialist Republic of Vietnam is a party.

Thus, industrial property rights for well-known trademarks are established on the basis of use, and these rights are not dependent on the registration procedures.

Respectfully!