Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Vietnam
Yes.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.2
Who has standing to oppose a trademark application?
 
Vietnam
Under Article 112 of the IP Law, any organisation or individual has the right to oppose a pending trademark, without any need to demonstrate a related interest or right.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.3
What is the timeframe for opposing a trademark application?
 
Vietnam
A third party may oppose a trademark application from the date the application is published in the Official Gazette of Industrial Property until the date a decision on grant is issued.

International applications designating Vietnam are not republished in Vietnam at present. However, in the authors’ experience, the timeframe for opposition is deemed to run from the date of publication in the World Intellectual Property Organization Gazette until the date on which Vietnam, as a designated country, must notify the World Intellectual Property Organization of its ex officio examination result.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.4
Which body hears oppositions?
 
Vietnam
The NOIP Trademark Division is in charge of hearing oppositions.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.5
What is the process by which an opposition proceeds?
 
Vietnam
If NOIP considers that an opposition is unfounded, it will not serve the opposition upon the applicant and will notify the third party that it will not consider the opposition, specifying its reasons.

If NOIP considers that an opposition may be well founded, it will notify the applicant accordingly within one month of the date of receipt of the written opposition and request a response from the applicant within a maximum timeframe of one month.

Upon receipt of the applicant’s counterstatement, and if NOIP considers it necessary, NOIP shall notify the third party of the counterstatement and request an additional opposition from the third party within a maximum timeframe of one month.

NOIP shall review the evidence and arguments provided by both the third party and the applicant, and the data included in the application, in making its decision.

If NOIP considers it necessary and if the parties so request, NOIP may organise direct discussions between the third party and the applicant in order to clarify the matters they have raised.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Vietnam
No. NOIP’s notice of settlement of an opposition is final and is not subject to appeal. If the third party is dissatisfied with this decision, it must wait until the mark has been registered and then file a cancellation action.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners