At present, there are no trademark laws and regulations in Vietnam, and the main ways to maintain trademarks are filing with the registration bureau and issuing warning notices in local newspapers and magazines.
Second, Vietnam's trademark registration application
Any trademark owner shall submit the information of the trademark and the obligee to the official website registry in the form of an affidavit of ownership. After receiving the affidavit, official website will register the trademark information and assign the corresponding application date and license number, and then return the registered Affidavit of Ownership to the obligee. At this point, the trademark registration is completed. Generally, it takes 1 month to register "all expedient supervision documents". Actual required raw materials:
1. applicant information and its specific address;
2. Trademark samples;
3. Product/service items;
4. A letter of appointment certified by The Hague;
5. Signed and sealed affidavit.
Third, the trademark announcement
After registration, the trademark owner can choose whether to publish trademark information in local newspapers or magazines, including trademark samples, owner information, product or service items and registration license number.
It is not mandatory to publish an announcement in a local newspaper or magazine. However, at this stage, the data and information registered in official website are not made public, and there is no announcement in the official website, so people can't know the specific owner and brand-new situation of a trademark.
In order to avoid infringement by others, it is a common practice in China to propose that the obligee announce the details of the trademark in local newspapers or magazines after the registration procedure in official website. This announcement can be used as a warning to the relevant personnel.
It is also announced that the trademark belongs to the applicant, and others are not allowed to imitate or copy it casually, otherwise they will be liable for compensation. At the same time, announcements in local newspapers or magazines can also play the role of advertising and enhance the reputation of trademarks in the host country.
In order to avoid infringement by others, it is a common practice in China to propose that the obligee announce the details of the trademark in local newspapers or magazines after the registration procedure in official website. The announcement can serve as a warning to the relevant personnel, and also declare that the trademark belongs to the applicant, and others can't imitate or copy it casually, otherwise they will be liable for compensation. At the same time, announcements in local newspapers or magazines can also play the role of advertising and enhance the reputation of trademarks in the host country.
Others can't imitate or copy casually, otherwise they will be liable for compensation. At the same time, announcements in local newspapers or magazines can also play the role of advertising and enhance the reputation of trademarks in the host country.
In addition, although Vietnam chose the ownership standard of "application first", in the process of hearing trademark infringement disputes in the people's courts, according to the certificate registered on the official website every three years and announced in local newspapers or magazines,
It can be used as the basic direct evidence of trademark ownership and reputation, in which the announcement can indirectly prove that the infringer should know that the trademark belongs to others, and it is easier to prove the existence of tort liability.
Four. trademark renewal
In Vietnam, because there are no laws and regulations related to trademarks, there are no established requirements for the validity and renewal of trademarks. However, in the process of operation, the renewal time is generally limited to once every three years, and the renewal is 6 months in advance. There are three ways to renew:
1. renew the registration in official website register every 3 years;
2. Publish announcements in local newspapers and periodicals every 3 years;
3. Renew the registration in official website Registry every three years, and make an announcement in local newspapers.
Generally speaking, the purpose of registration in official website is to better explain to official website that the obligee has been constantly applying for trademarks and attaches great importance to the Vietnamese sales market. Registration every three years can make the legal effect of trademarks stronger. After each renewal, the trademark will be assigned a new license number and the date of application for registration. After registration, the obligee can still choose whether to publish an announcement in local books and newspapers.
Verb (short for verb) others
Compared with the detailed and perfect trademark management system in other countries, there are still many shortcomings in the trademark registration rules and regulations adopted in Vietnam at this stage. According to the latest trends released by the Vietnamese government, the Myanmar government has drafted the trademark law on 20 13.
In the new Trademark Law, the way to confirm the right of trademark land will still be "applying first". Trademark registration under the current standard system can be regarded as online application confirmation, and the process of trademark verification will be the same as that in most parts of China. Only after the formal examination, actual examination and announcement procedures are successfully carried out can the registration application be approved, and the validity period of the trademark will become 10 year, but when the old law can be implemented is still hopeless.