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Results: 4 Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
Vietnam
To be eligible for registration as a trademark, a mark must be a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colours

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
Vietnam
To be eligible for registration as a trademark, a mark must satisfy the following conditions:

  • It is a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colours;
  • It is capable of distinguishing the goods or services of the mark owner from those of others; and
  • It is neither confusingly similar to earlier marks nor misleading or deceptive to consumers as to the origin or other characteristics of the goods or services to which it relates.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
Vietnam
A mark will be refused protection if it constitutes a sign that is prohibited from protection under Section 73 of the IP Law or if it is not deemed distinctive (absolute grounds for refusal). Such signs include the following, among others:

  • signs which are identical or confusingly similar to national flags or national emblems;
  • signs which are identical or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state bodies, political organisations, socio-political organisations, socio-political-professional organisations, social organisations, socio-professional organisations or international organisations, unless permitted by such bodies or organisations;
  • signs which are identical or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries;
  • signs which are identical or confusingly similar to certification seals, check seals or warranty seals of international organisations which require that their signs not be used, unless such seals are registered as certification marks by such organisations; and
  • signs which cause misunderstanding or confusion, or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of the goods or services.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners