Vietnam Trademarks Comparative Guide

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Trademarks

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Licensing

9.1

Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?

Vietnam

Bross and Partners

Answer ... The IP Law contains no provisions on quality control by the licensor where a trademark licence is issued.

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

9.2

Must trademark licences be recorded with the trademark office or other governing body?

Vietnam

Bross and Partners

Answer ... No. However, if a licence is not registered, use by the licensee shall be not legally recognised as use in commerce by the licensor, which may lead to a possible non-use invalidation action by a third party.

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

9.3

Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?

Vietnam

Bross and Partners

Answer ... No.

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

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Trademarks