PROTECTING TRADEMARKS QUICKLY AND EFFECTIVELY

Business consulting

1. What is a trademark? What is a brand? What is a logo?
2. How important is trademark registration?
3. Steps to register a trademark
4. How long does it take to register a trademark?
5. Why is it necessary to protect trademarks quickly and effectively?
6. What do you do to protect trademarks quickly and effectively?
7. How much does trademark protection cost?
8. Which unit can provide fast and effective trademark registration services?

In the market economy with fierce competition, creating and protecting trademarks is a matter of great importance. Many acts of counterfeiting, unauthorized use of trademarks... are increasingly common. Therefore, trademark protection is always an important issue in the business strategy of enterprises. This issue raises many concerns not only for businesses but also for organizations and state agencies in market management.

1. What is a trademark? What is a brand? What is a logo?

According to Article 16 of the 2005 Intellectual Property Law amended in 2022: "A trademark is a sign used to distinguish goods, services of different organizations, individuals."
The terms "Brand" and "Logo" are not defined in legal documents.
From a market perspective, "Brand" can be understood as the name, trade name, image, symbol, or a combination of these elements of an enterprise. "Logo" is created from an icon, letter, sometimes a slogan to create an identity design for the business.

2. How important is trademark registration?

Unlike copyright protection under the automatic mechanism, protection of industrial property rights, including trademarks, is established based on the decision of the competent state agency through the issuance of a protection certificate. However, the law currently does not require organizations or individuals to register trademarks. But in reality, trademark registration is necessary and important because the benefits as follows:

Exclusive using of the protected trademark.
Attaching the protected trademark to goods, products, services, business means, media, advertising, transaction documents in business activities.
Enhancing the competitive position of the business with clients.
Affirming the reputation of the business.
Avoiding trademark infringement risks.
Helping generate profits for the business.

3. Steps to register a trademark

Step 1: Searching and evaluating the possibility of trademark protection

Trademark search is not a mandatory procedure when applying for trademark registration. However, it is a prerequisite, playing a decisive role in the process because of the reasons as follows.

Does it meet the requirements for registration?
Does it coincide or resemble to the extent of confusion with previously registered trademarks?
Is it necessary to change the trademark model to meet the protection requirements?
Risks that may arise during the process.

From there, it is possible to assess the likelihood of trademark protection when submitting a trademark registration application to the Intellectual Property Office.

Step 2: Completing the trademark registration dossier

The trademark registration dossier includes:

02 trademark registration declaration forms according to the prescribed form.
05 samples of trademarks registered for protection.

Step 3: Submiting the dossier to the Intellectual Property Office

Submiting the dossier and fees, charges for trademark registration at the Intellectual Property Office.

Step 4: Granting the trademark protection certificate

The Intellectual Property Office conducts formal and substantive examination of the trademark registration application to make a decision to grant or refuse the trademark protection certificate.

4. How long does it take to register a trademark?

According to legal regulations:

Based on Circular 23/2023/TT-BKHCN:

Time limit for formal examination of the application: 01 month from the date of submission.
Time limit for announcing valid applications: 02 months from the date of accepting valid applications.
Time limit for substantive examination of the application: not more than 09 months from the date of announcing the application.

Thus, according to the law, the total time to register a trademark is within 12 months from the date of submission.

Current situation:

Currently, the time to register a trademark often extends from 18 to 24 month from the date of submission due to various objective reasons:

The number of trademark registration applications at the Intellectual Property Office is very large because individuals and organizations now have a clearer understanding of the importance of trademark protection. Therefore, the examination of applications takes more time.
Trademark registration applications are often required to be amended or supplemented due to errors in form.

5. Why is it necessary to protect trademarks quickly and effectively?

Ensuring peace of mind in building and developing a brand

The brand is the "soul" of every business in the development process. Building and protecting brands in today's competitive economic market is always a common and significant challenge for every business. This becomes even more difficult when the trademark is not registered for protection by the competent state agency. Registering trademark protection will help businesses limit unnecessary risks when trademark infringement occurs.

Limiting risks in import and export activities

Especially for businesses engaged in trading goods domestically and internationally, registering trademarks domestically and in host countries will limit risks related to counterfeiting and unfair competition.

Meeting the requirements of some large, famous retailers

Currently, in the integration trend, many large corporations have many investment needs in the Vietnamese market. Faced with trademark infringements, counterfeit products rampant, many businesses require cooperation partners, distributors in Vietnam to register trademark protection for goods, products, services provided.

6. What do you do to protect trademarks quickly and effectively?

Sending documents to the Intellectual Property Office

Individuals, businesses need to closely monitor the status of trademark application examination at the Intellectual Property Office. In case the examination time exceeds the legal provisions, individuals, businesses need to have written requests for feedback from the Intellectual Property Office to ensure legal rights and interests for the registered trademarks.

Working directly with the Intellectual Property Office

Calling, working directly with specialists at the Office to understand the status of the submitted trademark application in order to promptly supplement and revise as required.

Performing other special procedures as required

7. How much does trademark protection cost?

State fees and charges as prescribed

Application fee	150,000 VND/1 application
Announcement fee	120,000 VND/1 application
Fees for searching information are for appraisal purposes	180,000 VND/1 group
Fees for searching from the 7th products/ services onwards	30,000 VND/1 product, service
Fees for examination	550,000 VND/1 group
Fees for substantive examination of the application from the 7th products/services onwards	120,000 VND/1 product, service

Regular service fees: Depending on the number of trademarks, the form of trademarks and the requirements, purposes of each business, lawyers provide different trademark registration service fees.

8. Which unit can provide fast and effective trademark registration services?

Phong & Partners Law Firm has been providing trademark registration services for many individuals, businesses nationwide.

With the motto "Quality of service and client satisfaction as the goal of operation", operating under the philosophy "Honour Justice – Respect Goodwill", Phong & Partners provides fast, effective trademark registration services; working with dedication, passion, responsibility, ensuring rights and interests for clients.

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PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Da Nang City

1. Phong & Partners Law Firm in Hai Chau - Thanh Khe

Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.

Phone: 02363 822 678 - 0905 102 425

2. Phong & Partners Law Firm in Son Tra

Address: 01 Dong Giang, Son Tra district, Da Nang.

Phone: 0905 205 624

3. Phong & Partners Law Firm in Lien Chieu

Address: 21 Truong Van Da, Lien Chieu District, Da Nang.

Phone: 0961 283 093