What is a Trademark?

According to Clause 16 Article 4 of the Intellectual Property Law 2005, a trademark is a sign used to distinguish the goods and services of different organizations and individuals.

A trademark carries distinctive signs, representing specific goods or services of an individual or organization, thus being protected by law. A trademark is protected if it meets the following general conditions:

- It is a visible sign in the form of letters, words, drawings, images, including three-dimensional shapes or the combination of these elements, expressed in one or several colors;- It is capable of distinguishing the goods and services of the trademark owner from those of others.

Vietnamese law has strict regulations on trademarks and their signs. In cases where there are identical or confusingly similar signs, they will not be protected. Specifically, such as:

- Signs identical or confusingly similar to national flags, national emblems of countries;- Signs identical or confusingly similar to symbols, flags, emblems, abbreviated names, full names of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations of Vietnam, and international organizations, without the permission of those agencies or organizations;- Signs identical or confusingly similar to real names, pseudonyms, pen names, images of leaders, national heroes, and famous figures of Vietnam and foreign countries;- Signs identical or confusingly similar to certification marks, inspection marks, warranty marks of international organizations that request non-use, unless those organizations register these marks as certification marks themselves;- Signs that mislead, confuse, or deceive consumers about the origin, functionality, quality, value, or other characteristics of goods and services.

In order to avoid such confusion, a trademark should have clear, detailed signs and may contain some special features to help consumers easily distinguish.

According to the Intellectual Property Law 2005, trademarks include the following types:

Collective Trademark: A trademark used to distinguish the goods and services of members of an organization that owns the trademark from those of individuals and organizations that are not members of that organization.

This type of trademark is owned by an association or cooperative, wherein members can use the trademark to market their own products. This type of trademark is usually built based on a set of standards (quality, technical, functional), and it is these members who will use the trademark.

Example:

Mango Cao Lanh                        Apple Ninh Thuan                             Garlic Phan Rang

Certification Trademark: A trademark in which the trademark owner allows other organizations and individuals to use it on their goods and services to certify the characteristics such as origin, materials, ingredients, manufacturing method, service provision method, quality, accuracy, safety, or other characteristics of goods and services.

Example:

High-Quality Vietnamese Goods                            Bird's Nest Nha Trang

Associated Trademark: These are trademarks registered by the same entity, identical or similar to each other used for products or services that are either of the same type or related to each other.

For example, a company registers the trademark ESCO for its lubricant products, the company will continue to register similar trademarks such as ESCA, ESCOO also for lubricant products.

Well-Known Trademark: A trademark that is widely known by consumers throughout the territory of Vietnam.

Referring to handbags as mentioned above, it can be seen that there are many well-known handbag trademarks that are favored nowadays, such as:

Gucci                                                     Chanel                                          D&G

It can be seen that any goods, products, or services with a trademark will become an effective marketing tool for businesses. When looking at a trademark, consumers can understand the value of the product through the color, shape of the product, as well as recognize the name of the business, making the trademark a reliable and intellectual asset of the business.

Related documents:

Amended Intellectual Property Law 2009

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