Nowadays, the well-known trademark is a type of intangible asset of tremendous value and gives more competitive advantage for companies than their rivals. The customers may be willing to pay more money for product that its trademark has been become well-known and they still have pleasure. This is the reason why the businesses are also increasingly interested in development, protected well-known trademarks.
In Vietnam, a well-known trademark would be protected accordance both in the Intellectual Property Law and Article 6bis of the Paris Convention. A well-known trademark will be protected, irrespective of whether they are registered or not. However, the owners have to prove that their trademarks satisfy the conditions for being considered well-known.
There are two way in order to recognized a well-known trademark in Vietnam is under a civil proceeding or under a recognition decision of the National Office of Intellectual Property ( NOIP). After that well-known trademark shall be recognized in the national list of well-known trademarks. However, in reality, due to lacking of detail guideline and specific criterion, no trademark is recognized on the list. The lack of the list and specific rules for determining whether a mark is well known has given difficulty not only the administrative authorities but also owner well-known trademark.
Well-Known TradeMark In Việt Nam – Some Issue About Recognition
To remedy this situation, The Vietnam Ministry of Science and Technology ( MOST) in cooperation with INTA is starting up “ The Well-Known Trademark Project” . This is the first time a project is meant to build links for cooperation between goverment and private sectors. The project reviews Vietnam’s well-known trademark legislation and application thereof in project for compliance with International commitments and best practices. One of the ultimate targets is to amend and supplement to the defect current legal provisions on well-known trademarks and improve enforcement effectiveness toward this type of trademark.
The project will be processed in three stages: the “ Research Stage: ( Stage 1), the “ Discussion stage” ( Stage 2) and the “ Training Stage” ( Stage 3). Currently, the Project is begun to implement. MOST will select the 15 trademarks to conduct research among applied trademarks involved in the project. After being selected, the owners of 15 trademarks shall be provide information and evidences to prove their trademarks are well-known. Researchers will study, analyze the provisions of Vietnam legal together with the practice on the well-known trademark.
In today marketplace, well-known trademarks bring huge comercial value for trademark owners. Especially protection for well-known trademark in Vietnam is not confined to use of similar trademarks used for goods or services identical or similar, but also to use in relation to goods or services which are not identical or dissimilar to well-known trademark if the use of such mark may affect the distinctiveness of well-known trademark or the mark registration is aimed at talking advantage of the reputation of the well-known trademark ( under article 74.2.i, IP Law 2005)
Although being in the research stage, the selected marks have oppotunity to become 15 first precedent example in the well-known trademark in Vietnam under offical procedures. This is an optimistic sign for protection of well-known trademark in Vietnam. In addition to that, it should be noted that the enforcement authorities in Vietnam still limit in dealing with the infringement of rights to well-known marks which have not yet recognized on the national list. Hopefully that the project shall promote enforcement authorities bolder in these activities.
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