Vietnam: Amendments on criteria for identifying geographical names and indicators of geographical origins of products

Applications for trademark registration must meet all requirements specified in Point 37 Section 5 of the Circular No. 01/2007/TT-BKHCN. Moreover, Clause 10 Article 1 of Circular No. 05/2013/TT-BKHCN of the Ministry of Science and Technology of Vietnam amends criteria for identifying geographical names and indicators of geographical origins of products, specifically as follows:

- The indicators of geographical origins of products are the indicators used for local products that are meant to indicate the geographical origins of the products (indicate that the products originated from some locality).

+ The indicator of geographical origin of a product is usually a geographical name, but might be a symbol of the locality (images of typical objects of the locality such as a symbol, a map, a flag, a badge, an attraction, a distinctive construction, etc.) or any other sign.

+ A geographical name might be a current name or a past name, an official name or traditional name of a geographical area (according to the administrative boundary or geographical methods).

- A geographical name, a local symbol used for a usual product (not a speciality) may or may not indicate its geographical origin, depending on the product and the use of geographical name and local symbol.

- Geographical names or local symbols are meant to indicate the geographical origin products in the following cases:

+ They are used for local specialities (special and well-known products because of certain characteristics, which are produced locally);

+ They are used for local plants, animals, and products thereof;

+ They are used for local products of mineral extraction (coal, iron, steel, aluminum, cement, stone, salt, timber, etc.);

+ They are used for the products from local develop industries;

+ Other cases depend on the products and the use of geographical names and local symbols.

+ Geographical names and local symbols are not meant to indicate the geographical origin of products in the following cases:

+ They are used as a usual trademark and widely recognized, which means they are considered to only indicate commercial origin, and does not indicate a geographical origin, e.g. Hanoi Beer, Sai Gon Beer;

+ The corresponding geographical area is not the place where the products are made, e.g. Arctic Cigarettes, etc.

The geographical names and local symbols that are not meant to indicate geographical origin of products may be protected as a usual trademark without permission of local governments.

- The common geographical names and local symbols (such as names of provinces, cities, attractions) used for ordinary products of a locality (including the products of which the manufacture is at an advantage, but does not have a reputation or distinctive quality), used by local traders for their goods and services, and meant to indicate the origin (but are not eligible for being classified in to type (c) and type (d) above) shall not be protected.

However, a geographical name or local symbol may be used as a secondary constituent of an ordinary trademark of a corresponding local trader, as long as such geographical name is removed from protection, and exempt from obtaining permission of the local government.

View full text at Circular No. 05/2013/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from April 06, 2013.

Thu Ba

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