Can restaurants be named the same in Vietnam?

Can restaurants be named the same in Vietnam? (Image from the Internet)

The information you provided is not specific, so there are 2 cases as follows:

Case 1: If your restaurant name has been registered for trademark/trade name protection

According to Clause 1, Article 129 of the Intellectual Property Law 2005 stipulating:

- The following acts, if performed without the permission of mark owners, shall be deemed to be infringements of the right to a mark:

+ Using signs identical with protected marks for goods or services identical with goods or services on the list registered together with such mark;

+ Using signs identical with protected marks for goods or services similar or related to those goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;

+ Using signs similar to protected marks for goods or services identical with, similar to or related to goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;

+ Using signs identical with, or similar to, well known marks, or signs in the form of translations or transcriptions of well known marks for any goods or services, including those not identical with, dissimilar or unrelated to goods or services on the lists of those bearing well known marks, if such use is likely to cause confusion as to the origin of the goods or services or misleading impressions as to the relationship between users of such signs and well known mark owners.

Clause 2 of Article 129 of the Intellectual Property Law 2005 has the following provisions:

All acts of using commercial indications identical with, or similar to, trade names of others which were used earlier for the same or similar type of goods or services, which cause confusion as to business entities, establishments or activities under such trade names shall be deemed to be infringements of the right to the trade name.

Once your restaurant's name has been registered for protection, if another restaurant has the same name as your restaurant, causing confusion for customers, it is an act of infringement of rights to marks, trade names and geographical indications.

Thus, when your restaurant's name has been registered for protection, another restaurant's naming the same as your restaurant is an act of infringement of rights to marks, trade names and geographical indications.

According to Article 198 of the Intellectual Property Law 2005, you have the right to apply the following measures to protect the trademark/trade name you have registered for protection:

- To apply technological measures to prevent acts of infringement of its intellectual property rights;

- To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

- To request the competent State body to deal with acts of infringement of its intellectual property rights in accordance with the provisions of this Law and other relevant laws;

- To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

=> Therefore, you have the right to request the restaurant to stop using the trademark/trade name you have registered for protection.

Case 2: If your restaurant name is not registered for trademark/trade name protection

When the name of the restaurant has not been registered for protection, you cannot apply the provisions of the Intellectual Property Law to handle the behavior of the neighboring restaurant. In this case, the provisions of the Competition Law will apply.

According to Clause 6, Article 3 of the Competition Law 2018:

“Unfair competition practices” means competition acts performed by enterprises against the principles of good faith, honesty, business norms and standards, which cause or may cause damage to the legitimate rights and interests of other enterprises.

According to this regulation, it can be seen that another restaurant having the same name as your restaurant is contrary to the principle of good faith, causing damage to the rights and interests of your restaurant.

According to Clause 1, Article 110 of the Competition Law 2018, any entity committing violation of competition law shall, depending on the nature and seriousness of their violations, be disciplined, incur penalties for administrative violations or face a criminal prosecution; in case of damage to the interests of the State, legitimate rights and interests of organizations and individuals, compensation must be paid according to the provisions of law.

Best regards!