Trademark protection in
Vietnam is initially obtained through trademark registration. Trademark
opposition could be filed to prevent a pending application for a mark from
being granted application. Litigation is the final measure to handle dispute
during trademark protection in Vietnam.
Trademark is a sign that
help distinguish the goods or services of one enterprise from those of others.
Together with industrial
design and patent,
trademark of goods and services plays an extremely important role for the growth
of the enterprise. Trademark establishes a link between enterprise and
customer. A strong trademark will attract customers to use goods or services.
When trademark is popular and economic benefits achieved through sale of goods
or provision of services coupled with trademark is large, the violation of
trademark is inevitable.
The annual reports of the
Vietnam National Office of Intellectual Property (NOIP) prove that trademark
violation in Vietnam is the most popular, among other industrial property
rights. According to the preliminary annual report in 2011, and 2012, there has
been more than 1,000 cases of trademark violations each year. Report of 2013 and after shows more than
2,000 trademark infringements were handled with the total fines of trademark
violators of around USD 1 million per year. Having said that, it is important
for trademark owner to register
trademarks in Vietnam for better protection. This is also suggested for
even well-known trademarks.
For registration,
trademark owner has two options: either directly register trademark in Vietnam
by filling an application for registration with the Vietnam NOIP, or seek the trademark
protection in Vietnam through Madrid’s system. For the first option, the trademark
owner needs to prepare, file for registration, and pay fee as the requirement
of Vietnam Intellectual Property law. In case trademark needs to be protected
in a number of nations, including Vietnam, trademark owner may register
trademark through Madrid’s system.
Where the violation of
trademark occurs, trademark owner needs to judge the level of infringement,
level of damage to choose suitable resolutions. Initially, the trademark owner
may protect by requiring to the trademark violator to terminate the infringing
acts, apologize, and rectify. In case of being damaged, trademark owners have
rights to claim compensation. If failing to reach result, trademark owner may
use settlement mechanism through negotiation or mediation or could request the
competent state agencies to handle acts of infringement through i.e. filling a
denunciation application and submitting to the Vietnam NOIP. Litigation might
be required to handle acts of infringement. Generally, the proceeding of civil
litigation is more complex than the arbitration proceeding. In cases the
trademark owner needs a decision from court in order to end trademark
infringement, civil litigation is top priority. In the remaining cases,
arbitration is a better choice with advantages of cheaper cost, shorter settling
time, and more flexible.
If you are looking for an
experienced Trademark
lawyers in Vietnam to help you with your Trademark application, you should
visit ANTLawyers.vn. Our attorneys have experience with the Trademark process
and will work closely with you as you apply for your IP.
