What is mark? Latest general conditions for marks to be eligible for protection in Vietnam

What is mark?

Based on the provisions of the Law on Intellectual Property 2005, Mark means any sign used to distinguish goods or services of different organizations or individuals.

What is mark? Latest general conditions for marks to be eligible for protection in Vietnam (Internet image)

General conditions for marks to be eligible for protection in Vietnam

Pursuant to Article 72 of the Law on Intellectual Property 2005 and Clause 20, Article 1 of the Law amending Law on Intellectual Property 2022, a mark shall be eligible for protection when it satisfies the following conditions:

- It is a visible sign in the form of letters, words, drawings, images, holograms, or a combination thereof, represented in one or more colours or sound trademark that can be graphically presented;

- It is capable of distinguishing goods or services of the mark owner from those of other subjects.

Signs ineligible for protection as marks in Vietnam

Pursuant to Article 73 of the Law on Intellectual Property 2005 and the Law amending Law on Intellectual Property 2022, the following signs shall be ineligible for protection as marks:

- Any sign that is identical or confusingly similar to the national flags, national emblems, national anthems of the Socialist Republic of Vietnam and other countries, or The Internationale;

- Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations.

- Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.

- Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by such organizations.

- Signs which cause misunderstanding or confusion or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of goods or services.

- Any sign that has the inherent shape of the product or a shape that is the result of the technical properties of the product;

- Any sign that contains a copy of the work, unless it is permitted by the work owner.

Criteria for evaluation of whether or not a mark is well known

Pursuant to Article 74 of the Law on Intellectual Property 2005, the following criteria shall be taken into account when considering whether or not a mark is well known:

- The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.

- The territorial area in which goods or services bearing the mark are circulated.

- Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.

- Duration of continuous use of the mark.

- Wide reputation of goods or services bearing the mark.

- Number of countries protecting the mark.

- Number of countries recognizing the mark as a well known mark.

- Assignment price, licensing price, or investment capital contribution value of the mark.

Mai Thanh Loi

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