1. What is a Brand? What is a Trademark?

From a legal standpoint, Vietnamese intellectual property law does not define the term "Brand." Generally, a company’s Brand is understood as its Name, Logo (image), or a combination of these elements. However, in legal terms, it is referred to as a “Trademark”.

Within this article, we use both the terms Trademark and Brand for each appropriate content section. For example:

• Coca Cola Trademark (protected): Beverage
• Vietcombank Trademark (protected): Finance - Banking
• Phong & Partners Trademark (protected): Legal - Lawyer

2. The Importance of a Brand

Brand is a sign that helps distinguish the products and services of one business from those of its competitors. Through a Brand, customers can evaluate the reputation, stature, professionalism, etc. of the business;

• A Brand help businesses create a competitive advantage;
• A Brand make it easier  and more effective advertisingfor business, guiding customers to choose their products and services;
• A Brand help businesses build trust with customers;
• A Brand help consumers identify the origin and source of goods;
• …

3. What rights does a Trademark owner have?

To become a Trademark owner in Vietnam, businesses must register their Trademark for protection and obtain a Certificate of Trademark Registration from the Intellectual Property Office. Once the business is granted the Trademark Protection Certificate, it becomes the exclusive and legally recognized owner of that Trademark, with the following rights:

• Using the Trademark for products and/or services that have been registered for protection without fear of being sued or legal action;
• Licensing the Trademark;
• Transferring the right to use the Trademark;
• Assigning the Trademark;
• Requesting individuals or organizations that infringe on their Trademark rights to stop the infringing act;
• Requesting individuals/organizations that infringe on their Trademark rights;
• Requesting competent state agencies to handle infringing acts;
• Suing in a competent Court to request an end to the infringing act and claim damages.

4. Acts of Trademark infringement

• Using a Trademark that is identical to a protected Trademark for identical goods/services;
• Using a Trademark that is identical to a protected Trademark for similar or related goods/services;
• Using a Trademark that is similar to a protected Trademark for similar or related goods/services;
• Using a Trademark that is identical or similar to a famous Trademark.

5. Forms of handling Trademark infringement

• Sending a warning letter to the individual or organization that has committed the infringing act: Accordingly, the Trademark owner requests: Immediately stop the Trademark infringing act; remove the infringing elements; destroy documents, signs, transaction papers, products... that contain elements infringing on Trademark rights.
• Requesting competent state agencies to handle infringing acts: The Trademark owner may submit a dossier requesting that infringing acts be addressed to the market management agency, economic police, or inspector of the Department of Science and Technology, depending on the nature, extent, and scope of the infringing act.
• Filing a lawsuit in a competent People's Court: The Trademark owner may also file a lawsuit in court to request the court to force the individual or organization that has committed the infringing act to stop the infringing act and provide compensation for damages.

6. Lawyer handling Trademark infringement in Da Nang

Phong & Partners Law Firm - headed by lawyer Le Ngo Hoai Phong with over 20 years of experience in the field of intellectual property, provides the following services:

• Consulting, representing, protecting the legitimate rights and interests of clients in handling Trademark infringing acts in particular and intellectual property rights in general;
• Consulting, registering for Trademark (Brand) protection and other intellectual property objects;
• Providing professional training on intellectual property.

With the operating philosophy of "Delivering quality - Building trust", we provide reputable - quality - effective Trademark infringement handling Lawyer services in Da Nang.