Trademarks are one of the protected objects of industrial property rights

Trademarks are one of the protected objects of industrial property rights. In the field of intellectual property, setting regulations on the protection of industrial property rights in general and trademark protection in particular has the effect of protecting the interests of owners, against illegal acts. Unfair competition occurs in reality. Accordingly, trademarks are established as industrial property rights in the form of a protection title issued by a competent state agency according to the registration procedures of the Intellectual Property Law.

1. What is a trademark?

According to the provisions of Clause 16, Article 4 of the Intellectual Property Law, a trademark is a sign used to distinguish goods and services of different organizations and individuals.

In addition to common types of trademarks, the Intellectual Property Law also regulates four other types of trademarks, including gohm:

• Collective brand: is a trademark used to distinguish the goods and services of members of the organization that owns that mark from the goods and services of organizations and individuals that are not members of that organization.
• Certification mark: is a trademark that the trademark owner allows other organizations and individuals to use on the goods and services of that organization or individual to certify the characteristics of origin, raw materials, materials, and methods. production of goods, method of providing services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
• Associated brands: are trademarks registered by the same entity, identical or similar, used for products or services of the same or similar type or related to each other.
• Famous brands: is a brand widely known by consumers throughout the territory of Vietnam.

2. About the general characteristics of the brand

A trademark is protected if it meets the following requirements based on Article 72 of the Intellectual Property Law:

• A visible sign in the form of letters, words, drawings, images, including three-dimensional images or a combination of such elements, expressed in one or more colors;
• Able to distinguish the trademark owner's goods and services from those of other entities.

Accordingly, if a trademark wants to be granted a protection title, it must simultaneously meet the following two criteria:

The first, Trademarks must be visible signs (observable by hand) and must be specific signs that exist in the form of letters, words, phrases, images, drawings, including three-dimensional images or images. combination of those elements, represented by one or more colors.

The Intellectual Property Law also stipulates signs that are excluded when considered for granting protection titles in the name of trademarks: Signs that are identical or similar enough to cause confusion with national flags, national emblems, and emblems of other countries. water; icon; flag; badge; abbreviated name, full name of state agencies, political, socio-professional organizations, social organizations, socio-professional organizations of Vietnam and international organizations if not approved by the agency, that organization allows, for example: The abbreviation of the World Intellectual Property Organization (WIPO) or World Trade Organization (WTO) will not be used as a trademark; real names, nicknames, pseudonyms, images of leaders, national heroes, famous people of Vietnam and foreign countries; Certification marks, inspection marks, and warranty marks of international organizations that are requested by that organization may not be used, unless the organization itself registers those marks as certification marks, for example: ISO 9000 certification mark for products that meet international quality standards or CE mark certifying the quality of products when exported to EU markets; signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, quantity, value or other characteristics of goods or services.

Monday, A trademark is considered distinctive if it is made up of one or several easily recognizable and memorable elements or from many elements combined into an easily recognizable whole. know, easy to remember..." (Clause 1, Article 74 of the Intellectual Property Law). A recognizable brand is a brand that includes enough elements to impact perception, creating an impression that can be stored in people's memory or subconscious. Anyone who comes into contact with them can easily perceive and remember them when placed next to other brands. There may be many unique elements that are different from existing ones, but there are too many complicated details or too many complicated drawings that make it difficult for the user to grasp and remember its content or structure. .

A trademark is considered indistinguishable if it is a sign in one of the following cases:

• Signs that are identical or confusingly similar to national flags and emblems of other countries;
• Signs that are identical or confusingly similar to symbols, flags, badges, abbreviations, full names of state agencies, political organizations, socio-political organizations, political organizations - social - professional organizations, social organizations, social - professional organizations of Vietnam and international organizations, if not authorized by those agencies or organizations;
• Signs that are identical or confusingly similar to the real names, nicknames, pseudonyms, or images of leaders, national heroes, famous people of Vietnam or foreign countries;
• Signs that are identical or similar enough to cause confusion with certification marks, inspection marks, or warranty marks of international organizations that are requested by that organization.
• must not be used, unless the organization itself registers those marks as certification marks;
• Signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.