Vietnam - Trademark


1. Legislations:
Decree No. 54/2000/ND-CP. 

2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above. 

3. Criteria:
A trade mark has to fulfil the following conditions in order to claim protection.

  •  it must be distinctive

  •  it cannot be generic

  •  it cannot be deceptively similar to a previous or existing trademark.

  •  It cannot be a geographical name or surname

  •  It cannot be deceptive or confusing

  •  It cannot be scandalous or offensive

  •  it cannot have direct reference to the character or nature of the goods/services

4. Membership:
√ – Paris Convention
√ – Madrid Protocol 

Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country. 

5. Rule of Priority:
“First to File” is the rule followed by Vietnam in determining priority of trademarks. 

6. Duration and Renewal:
A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years for an unlimited period.

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