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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4. Results: Answers
Protection of foreign trademarks
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?

Answer ... Foreign trademarks which have not been registered in Vietnam may be enforced in Vietnam if they constitute either well-known marks under Sections 6(3)(a), 75 and 129(1)(d) of the IP Law or commercial indications protectable under the anti-unfair competition provisions of Section 130 of the IP Law (see question 6.1).

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?

Answer ... Vietnam is a signatory to both the Paris Convention and the Madrid Agreement and Madrid Protocol. Accordingly, a foreign applicant may file a trademark application in Vietnam claiming a priority date based on the filing date of its foreign application/registration, provided that the Vietnamese application is filed within six months of the filing date of foreign application/registration. For Madrid applications designating Vietnam, a claim for priority date must be included.

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