How to protect your trademark in Vietnam?
In Vietnam, trademark
registration is the first step in obtaining trademark protection. A trademark
opposition may be filed to prevent a mark application that is pending from
being granted. Litigation is the last option for resolving disputes involving
trademark protection in Vietnam.
A trademark is a sign
that helps separate one company's goods or services from those of others. Products
and services trademarks play a crucial role in the expansion of the business,
alongside patents and industrial designs. A trademark connects a business and
its clientele. Customers will be more likely to use goods or services if the
trademark is strong. The infringement of a trademark is inevitable when the
trademark is well-known and has significant economic benefits from the sale of
goods or services.
The owner of a
trademark has two options for registration: either directly register a trademark in Vietnam by filling out a registration application with the Vietnam
NOIP, or use Madrid's system to seek protection in Vietnam. In accordance with
Vietnam's intellectual property law, the trademark owner must prepare, apply
for registration, and pay a fee for the first option. If a trademark needs to
be protected in multiple countries, such as Vietnam, the owner can register it
using Madrid's system.
The trademark owner
must assess the degree of infringement and damage in each location where a
trademark violation occurs in order to select appropriate solutions. In the
beginning, the owner of a trademark may protect themselves by requiring the
trademark violator to stop their violations, apologise, and make amends. Owners
of trademarks have the right to seek compensation in the event of damage. If
negotiations or mediation fail, the trademark owner can use a settlement
mechanism or submit a denunciation application to the Vietnam NOIP and ask the
appropriate state agencies to handle acts of infringement. Acts of infringement
may necessitate litigation. In general, civil litigation proceedings are more
complex than arbitration proceedings. Civil litigation takes precedence when
the trademark owner requires a court decision to end trademark infringement. In
the remaining cases, arbitration is the better option because it is less
expensive, takes less time to settle, and is more adaptable.
The client company's
competitive advantage is heavily reliant on trademarks. Through trademark registration, oppositions, and other trademark protection resolutions in
Vietnam, ANT Lawyers' IP service in Vietnam assists you in securing protection
for these priceless intellectual assets.
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