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.
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Results: 4 Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
Vietnam
In principle, no unregistered trademark is protected, unless it has been become well known in Vietnam.

The use of a mark in a way that causes confusion with a commercial indication (including an unregistered mark) in respect of business entities, business activities or the commercial origin of goods or services is in practice viewed as a type of likelihood of confusion, but it is governed by the anti-unfair competition regime under the IP Law (Section 130).

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
6.2
What legal rights are conferred by a trademark registration?
 
Vietnam
In accordance with the first to file principle, Article 6 of the IP Law provides that trademarks shall be generated and established only based on:

  • a decision of the competent state body to grant a protection title; or
  • the recognition of international registration pursuant to an international treaty to which Vietnam is a signatory.

For that reason, the rights afforded to a mark by a particular registration certificate will establish the scope of protection enjoyed by the registrant.

As provided by the IP Law, a trademark owner has the following rights:

  • to use or permit others to use the registered trademark;
  • to prohibit others from using the registered trademark; and
  • to dispose of the registered trademark.
For more information about this answer please contact: Le Quang Vinh from Bross and Partners
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
Vietnam
There is no separate register for descriptive marks. Descriptive marks are usually refused protection unless they have acquired distinctiveness (secondary meaning) through use in commerce.

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