Vietnam: Brand name is prohibited to be used as part of an enterprise’s proper name

According to Article 19 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, it is prohibited to use a protected trade name, brand name, or geographical indication of an entity as part of an enterprise’s proper name unless it is accepted by the owner of such protected trade name or brand name. Before registering a name, the enterprise or its founder may check the database of industrial property authorities for registered brand names and geographical indications.

Regulations of the Law on intellectual property are the basis for identification of enterprises’ names that infringe upon industrial property rights. Enterprises shall assume legal responsibility if their names infringe upon industrial property rights. Every enterprise whose name infringes upon industrial property rights must follow procedures for change of its name.

Especially, every holder of industrial property rights is entitled to send a written request to the relevant Business Registration Office to request the enterprise whose name infringes upon industrial property rights to change its name. Such written request must be accompanied with the following documents:

+ The conclusion given by a competent authority that the enterprise’s name infringes upon industrial property rights;

+ The certificate of registration of brand name or geographical indication; an extract from the national register of protected brand names and geographical indications issued by an industrial property authority; the certificate of registration of international brand name protected in Vietnam issued by an industrial property authority; the contract for use of an object of industrial property in case the requester is the transferee of rights to use such object of industrial property.

Within 10 working days from the receipt of adequate documents prescribed in Clause 3 Article 19 of the Decree No. 01/2021/NĐ-CP, the relevant Business Registration Office shall request the enterprise whose name infringes upon industrial property rights to change its name within 02 months from the date of request. The request sent to the enterprise must be accompanied with the documents mentioned in Clause 3 Article 19 of the Decree No. 01/2021/NĐ-CP. If such enterprise fails to change its name as requested by the aforementioned deadline, the Business Registration Office shall notify a competent authority for taking actions in accordance with regulations of the Law on intellectual property.

Note: In case the notified authority issues a decision to impose an administrative penalty which requests the enterprise to change its name or remove infringing elements from its name, if the enterprise still fails to comply with such request by the prescribed deadline, the Business Registration Office shall request the enterprise to provide explanations as prescribed in Point c Clause 1 Article 216 of the Law on enterprises of Vietnam. If the enterprise fails to provide explanations, the Business Registration Office shall revoke the enterprise registration certificate as prescribed in Point d Clause 1 Article 212 of the Law on enterprises of Vietnam.

More details at the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, effective from January 04, 2021.

Le Vy

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