Registrability of Trademark:
Mark means any visible sign capable of distinguishing the goods (trademark) or service (service mark) of an enterprise.
Collective mark means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of difference enterprises which use the sign under the control of the registered owner of the collective mark.
Trade name means the name or/ and designation identifying and distinguishing an enterprise.
REGISTRATION
The application for registration of a mark, recordal of change of applicant address and endorsement of affidavit of use or non-use shall be filled with Ministry of Commerce. The application for registration of mark shall contain a request, a reproduction of the mark and a list of goods or services for which a registration of the mark is requested, listed under the applicable class or classes of the International Classification.
Claiming Priority
Right of priority in the mark registration shall be granted based on the following conditions:
- filling priority by attaching to the application a declaration claiming the priority of an earlier national or regional application filed by applicant or his predecessor in title in any country member of Paris Convention.
- The effect of the said declaration shall be as provided in the Paris Convention.
Term of Protection:
The registration of the trademark is for a period of ten (10) years from the date of filing of the application for registration. The registration of Mark can be renewed for consecutive period of ten (10) years.
Right Conferred by registration:
The use of a registered mark, in relation to any goods or services for which it has been registered, by any person other than the registered owner shall require the later’ s agreement.
The owner of the registered mark, in addition to any other rights, remedies or actions available to him, have the rights to institute court proceedings against any person who infringes the mark by using without his agreement, the mark as aforesaid or who performs acts which make it likely that infringement will occur. The right shall extend to the use of a sign similar to the registered mark and use in relation to the use of sign similar to the registered mark and use in relation to goods or services similar to those for which the mark has been registered, where confusion may arise in the public.
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MASTERBRAND IP AGENT
225/19 Nguyen Dinh Chieu Str., Dist. 3, HCMC, Vietnam
Tel: (+84-8) 38 343 383 Fax: (+84-8) 38 328 345
E-mail: ceo.masterbrand@gmail.com