Using trademark in Vietnam after successful registration

After passing the trademark registration process, a trademark owner shall be granted the trademark certificate. Therefore, he or she should note about Using trademark in Vietnam.

Read more: Guide to register trademark

What is trademark?

Trademark means any sign used to distinguish goods or services of different organizations or individuals.

Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors.

Using trademark in Vietnam

Using trademark means the conduct of the following acts:

a) Affixing the protected mark to goods, packages of goods, means of business or supplying services and communicating papers in business activities;

b) Circulating, or offering, advertising, storing for sale of, goods bearing the protected mark;

c) Importing goods or services bearing the protected mark.

using trademark

Right to use and permit other to use trademark

Under the Intellectual Property Law in Article 123, the trademark owner has the right to use or permit others to use the mark himself, to prevent others from using the mark and to dispose of it. In preventing others from performing the above-mentioned acts, the trademark owner does not have the right to prohibit others from circulating or importing the products bearing the label given by the owner or authorized by the owner. to legally enter the market, including in foreign markets.

Obligation of using trademark in Vietnam after successful registration

The owner of a mark shall be obliged to use it continuously. The validity of ownership right of a mark shall be terminated if it has not been used for a continuous period of more than 5 years in accordance with Article 95 of this IP Law. The validity of a Trademark Protection Title is 10 years from filling date.

During the time when having a request, the owner is required to prove their using trademark in Vietnam by showing that the holder has carried out trading actions with their trademark such as advertising, establishing business locations and especially providing customers with their items/services.

using trademark
Trademark Registration Certificate

What happens if the owner does not use their trademark in Vietnam for 05 years?

Any third party could file a request for cancellation of the trademark and regis if the trademark has not been used by its owner or the licensee of the owner without justifiable reason for five consecutive years.


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