Law firm in Vietnam

ANT Lawyers is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients

IP services in Vietnam

ANT Lawyers is a member of International Bar Association, Vietnam Bar Federation, Hanoi Bar Association. We are an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.

Hiển thị các bài đăng có nhãn Trademark law firm in Vietnam. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn Trademark law firm in Vietnam. Hiển thị tất cả bài đăng

Thứ Hai, 26 tháng 6, 2023

Trademark Infringement lawyers in Vietnam assist trademark infringement

 Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient.

Thứ Sáu, 2 tháng 7, 2021

Trademark consultant in Vietnam

 

Trademarks are an important part of client company’s competitive edge. ANT Lawyers IP practice helps you protect these valuable intellectual assets, through trademark registration, oppositions, and other trademark protection resolutions in Vietnam.

 


Trademark consultant in Vietnam

In particular, ANT Lawyers IP practice offers client services as following:

-Trademark Availability Searches

-Trademark Watch Service

-Trademark Filings & Trademark Registration in Vietnam

-Renewals

-Recordals of Amendments, Assignments, Merger Agreements, Licences

-Filing Opposition & Responses

Our trademark attorneys in Vietnam will process client’s trademark registration by carrying out the following steps:

-Providing our clients with cost estimates for searching and filing applications

-Conducting comprehensive clearance searches including analysis about registration of the required trademarks and providing advice on the most appropriate and cost-effective method to obtain a clearance

-Preparing and filing trademark applications, including obtaining appropriate legalization of documents and translations (if applicable)

-Responding to objections raised by Registrars and potential third party oppositions

-Negotiating settlement agreements when necessary to overcome prior marks

-Obtaining a Certificate of Trademark Registration once your trademark is approved

-Recording changes in name and address of proprietor, assignments, licenses and renewals of trademarks

-Providing solutions for trademark protection in Vietnam.

If you are looking for an experienced IP services in Vietnam to help you with your Trademark application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your Trademark in Vietnam.

Thứ Ba, 15 tháng 6, 2021

Recordal of Trademark Assignment

 

Assignment of a trademark right means the transfer of ownership right by owner of such trademark right to another organization or individual.

Trademark Assignment in Vietnam be established in the form of written agreement. Oral agreements, letters or telegrams shall not be accepted and have no legal effect. 

 


Recordal of Trademark Assignment in Vietnam

Required documents

You are required to provide us the following documents:

-One executed original of Deed of Assignment, which must be signed and sealed by both Assignor and Assignee. Since the Deed of Assignment has two pages, both Assignor and Assignee should sign on each page or use company stamp to inter-cross seal over all pages (NO      further notarization or legalization is required);

-A Power of Attorney (POA) that should only be signed by the Representative of Assignee; 

-The relevant original Certificate of Trademark Registration (if recording the assignment for a registered one).

Procedures and time

After the recordal of assignment is completed, the NOIP will issue the following documents:

-The Notice of Assignment Recordal in case of a pending Trademark Application.

-The Certificate for Registration of Deed of Assignment in case of Trademark Registration in Vietnam.

In addition, the name and address of new owner will be endorsed on the last page of this Certificate of Trademark Registration.

The whole duration for recordal of assignment in Vietnam will in straightforward case is 2 months counted from the filing date. However, in practice, this duration can be extended from 3-6 months.

Other matters

Under Vietnam Intellectual Property Law, the trademark assignment will not be approved in the following cases:

-The subject mark for assignment identical/confusingly similar to the trade name of assignor as it shall cause the confusion as to the origin of goods or services with those of assignor. 

-The subject mark for assignment similar or identical to other trademarks but not for assignment of Assignor in respect of similar goods or services as it shall cause the confusion as to the origin of goods or services with the rest of assignor.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

 

 

 

Thứ Hai, 24 tháng 5, 2021

How do you get trademark registration?


What is Trademark?

The term ‘Trademark’ refers to the brand or logo which represents the business. It is a visual symbol of a signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or any other articles of commerce. Moreover, it is meant to differentiate among the similar products or services originated from the different business. A trademark can be a word, wrapper, packaging labels or a tagline or a combination of these. For example Coca-Cola and Pepsi.

 


Who can apply for the Trademark?

Any Individual, Company, Proprietor or legal entity who can claim to be an owner of the Trademark can apply for it. The trademark Registration formalities can be done in 18 to 24 months after that you can start using the ‘TM’ symbol. Once your trademark registry is done and registration certificate is issued then you may use ® (registered symbol) next to your trademark. The validity of a registered trademark is for 10 years from the date of filing and that can be renewed from time to time.

What are the documents required for Trademark Registration?

Following are the documents which are required for the Trademark registration:

-Copy of Trademark or logo

-Applicant details like name, address, and nationality and for the company it requires the state of incorporation

-Goods or services to register

-Date of first use of the trademark in Vietnam

-Power of attorney which is to be signed by the applicant.

-What are the steps for registering Trademark in Vietnam?

Following are the steps through which you can register your Trademark:

-Select a trademark agent and authorize it.

-Select attorney to represent you.

-The trademark attorneys in Vietnam conducts a trademark search.

-It depends upon the results of the search whether the trademark attorney will be draft your trademark or not. Just in case, someone already has the same trademark then you can change yours.

-The trademark attorney will file your trademark application with the trademark office and send you the receipt.

-Within a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the trademark office.

-No matter what the place is, it takes anywhere around 18 months to 2 years for the Trademark Office to decide whether the trademark should be granted or not. In case, if there are any objections from anywhere then it may take longer.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.


Thứ Năm, 13 tháng 5, 2021

What Are Trademark Classes?


A trademark class is a category in which a trademark is put into. Each class covers certain similar goods or services which the trademark covers. For example, class 25 covers clothing. If you apply for a trademark and tell the trademark office that your trademark will be used to represent shirts, for example, your trademark will be put into class 25. You can potentially get a trademark for a name that someone already has a trademark for, if you apply for a different class.


When you apply for a trademark, you need to tell the trademark office what goods or services this trademark will represent. For Before reading further, make sure you understand the basics of what a trademark is. You should know what it means that a trademark acts as an identifier of source. To get the 101 on trademarks, read What is a Trademark? first.

example, Coke will tell the trademark office that the Coca-Cola trademark will be used to represent soft drinks. When people see Coca-Cola on soft drinks, Coke wants people to know that the soft drink was made by Coca-Cola. When approved, Coke’s trademark will prevent people from using the Coca-Cola name on soft drinks, and anything that is similar to soft drinks. This is because soft drinks was indicated on Coke’s trademark application. If someone uses the name Coca-Cola on a completely unrelated product, bookshelves for example, they may be able to do so since bookshelves are quite different from soft drinks.

When the trademark office looked at Coke’s trademark application for Coca-Cola, they put the trademark into class 32 which is the class for most beverages. This is because when Coke applied for the trademark, they told the trademark office the trademark will be used to represent soft drinks and the trademark office knew to put the application into class 32. Now that they have their trademark approved and put into class 32, the class can help others determine how much protection the trademark covers. Generally speaking, if Coke has a trademark in class 32, you likely cannot use their trademark with any product that is also in class 32. For example, you likely cannot use Coca-Cola to sell juices. Further, if you applied for the trademark Coca-Cola to try and represent any product in class 32, such as juices for example, you likely will be rejected. This is because Coke already has a trademark for Coca-Cola in class 32, and you are trying to apply for the same name to represent goods in the same class Coke already is in.

Generally speaking again, if you were to apply for the same name in a different class, you may be able to get a trademark. Let’s look at an example with the name “Dove”:

You can see above that there is a Dove soap and there is also a Dove Chocolate, trademarks owned by two separate companies. The simple explanation as to why they can both own trademarks for Dove is because they have applied for trademarks in different classes. Dove owned by Mars is in class 30 for chocolates, whereas Dove owned by Unilever is in class 3 for soaps.

Related post: What are the benefits of Trademark registration?

However, there is a longer explanation. The real reason that both companies can each own a trademark for Dove is not necessarily because they have applied for goods that are in different classes, but rather because the trademark office believes that people buying Dove chocolate will not be confused and think that the chocolate was made by the company that makes soap. Vice versa, the trademark office believes that people buying Dove soap will not think the soap was made by the company that makes chocolate. The key is that the trademark office is convinced that there is no likelihood to cause confusion by both companies each having the trademark for the name Dove. In other words, the main reason Dove chocolate and Dove soap can both exist is because the trademark office considers chocolate and soap different enough that people will not be confused as to which company is making each. It just so happens that chocolate and soap are in different classes, which is usually true when two trademarks of the same name coexist, but not always.

Building on this concept, it is possible for two people to have the same trademark and coexist in the same class. Conversely, it is possible to apply for a trademark that already exists in one class, but file it in a different class and get rejected. It all comes down to whether the trademark office thinks the goods and services that are represented by the two marks are likely to cause confusion with buyers. For example, Coke has a trademark Coca-Cola for sodas in class 32. Tea drinks are actually part of a different class, class 30 which is the class for tea and coffee. If you were to apply for a trademark for Coca-Cola in class 30 for tea, do you think you would be approved? The answer is likely not. Because tea and soft drinks are both drinks, it is likely for buyers to be confused if you have a trademark for Coca-Cola in class 30 and Coke has one for class 32. If you label your tea as Coca-Cola, buyers will not be sure whether the tea was made by you, or by Coke, and thus confused as to who made it. In this example, even though you are applying in a different class than an existing trademark of the same name, you are likely to be rejected. In an example of the reverse, if you are applying for a mark in a class where another same mark already exists, you could still get approved if you can convince the trademark office that the goods you are selling are so different from the goods of the other mark in the same class that there would be no confusion to buyers. However, this is generally difficult since the trademark class system has been designed so that similar products and services are put into the same class.

So let’s think strategy. Let’s say you start a company called Widget and you will sell sodas and teas. You want to prevent others from also selling sodas and teas by the name of Widget. Should you apply for sodas in class 32 or teas in class 30? The answer, is for best protection you should apply for both. If you have one trademark for sodas in class 32 and another for teas in class 30, you ensure that both teas and sodas are covered. Filing in both classes, however, requires double the fees. The trademark office charges for each different class you file in. You may say well let me just file in class 32 for sodas only, I should be fine since you said earlier if someone else files for the same name in class 30 for teas they likely would be rejected by the trademark office since teas and sodas are so similar. This may be true, but do you want to risk it? If someone can make a convincing argument to the trademark office that the teas they sell will not cause buyers to be confused with the sodas you sell, they may get the trademark for teas in class 30. Therefore, to be safe, the best way is to file for both class 32 and class 30, and pay double the fees needed to do so. This is how the major corporations do it. They will cover many classes to ensure that people cannot use their trademark name on practically any good or service. As of this writing, Coke has 61 trademarks for Coca-Cola and similar variations, spanning multiple classes.

There are 45 total trademark classes. When you apply for a trademark application, you will indicate what goods and services your trademark will represent. The trademark office will then compare your trademark to similar trademarks and make a subjective decision as to whether your mark and what it represents is likely to cause confusion with another mark and what that mark represents. If the trademark office thinks there is no likelihood to cause confusion, they will approve. Otherwise, they will reject and you have an opportunity to argue back for approval. There is no guarantee that a trademark application will be approved as whether you are likely to cause confusion with another mark is a subjective determination made by an examiner at the trademark office. This is true even if nobody has the exact same name you are applying for. The only way to get a trademark is to apply and wait for a decision by the trademark office. To maximize your chances of approval, however, you should apply for trademarks that are as different from existing trademarks as possible, and list goods and services that are as different as possible from the goods and services of existing trademarks. You also don’t get your money back if your application is rejected or filed improperly, so best file it properly the first time around.

Source: Quora

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Thứ Tư, 21 tháng 4, 2021

What To Do When the Trademark Certificate is Misplaced?


Trademark is a type of asset of individual and organization. To be officially recognized as an owner of that trademark, the applicant needs to submit the trademark registration dossiers to National Office of Intellectual Property in Vietnam (NOIP), pay the examination fee and certificate issuance fee to receive the trademark certificate.


Trademark protection in Vietnam

The trademark owner needs to have the consciousness of protecting the trademark certificate. However, if unfortunately, the trademark certificate is misplaced, lost or damaged, torn, stained or faded out that it can no longer be used, the trademark owner may submit the dossier to NOIP to request for regranting the trademark certificate.

The specific required documents for re-granting the trademark certificate are:

-The declaration for regranting the trademark certificate;

-01 mark specimen;

-Power of attorney (if submit the dossiers via IP agent).

NOIP will consider the dossier within 01 month from the date of submitting. In case the dossier satisfies the provisions of law, NOIP will issue the decision to regrant the trademark certificate and record into the National Register of Industrial Property. The information in the duplicate version of the trademark certificate will present sufficiently the information in the first-granted trademark certificate and attached with the phrase “regranting version”.

In case of request for regranting the trademark certificate does not meet the provisions of law, NOIP will issue the denied decision and clearly sates the reasons.

If the client needs any other information or requires for further advice, our IP attorney in Vietnam at ANT Lawyers, the IP agent in Vietnam will be available for service.

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

Thứ Sáu, 20 tháng 11, 2020

How To Protect Trademark in Vietnam?


Trademark protection in Vietnam is initially obtained through trademark registration.

Trademark opposition could be filed to prevent a pending application for a mark from being granted application. Litigation is the final measure to handle dispute during trademark protection in Vietnam. 

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights.  According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 and after shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million per year.  Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection.  This is also suggested for even well-known trademarks.

For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the protection in Vietnam through Madrid’s system. For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law.  In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions.  Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation.  If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.  Litigation might be required to handle acts of infringement.

Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP. We routinely match inventors with experienced IP attorneys for a free consultation on our platform and offer a money back guarantee.

ANT Lawyers – a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or serive request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529

Thứ Sáu, 10 tháng 7, 2020

What is a Trademark?


A trademark is a type of intellectual property. A trademark also commonly known as a trademark, trade-mark or a mark. A trademark consists of a recognizable sign, design, or expression which identifies products or services of a particular company and helps in distinguishing the products from those of others. The symbols ® ‘the registered trademark symbol’ and ™ ‘the trademark symbol’ are generally used to indicate trademarks; the former is only for use by the owner of a trademark which is registered.


The trademark can be owned by:
-An individual,
-Business organization,
-Or any legal entity
When a trademark is registered, it confers an exclusive right to the owner to use the registered trademark. Thus it can be said that the trademark can be used by his owner exclusively, or it can be used by a person licensed for use in return of valid consideration.

Complete assignment
In this type of assignment, all the rights are completely transferred by the owner to the assignee.
The assignee has got all the rights including rights such right to further transfer and right to earn royalties.

Partial assignment
In this type, the assignment of the trademark is made to the assignee, but with respect to only some of the goods/ services, the transfer of ownership of the trademark is restricted to specific goods or services only. The rights are not transferred completely.

Assignment with goodwill
In this type of assignment, there is also a transfer of goodwill of the product with the trademark. In this, the valuation of goodwill is calculated differently in the agreement.

Assignment without goodwill
 In this type of assignment, goodwill of the product is not transferred along with the assignment of the trademark; in this, the owner of the brand restricts the rights of the assignee and does not allow him to use such trademark of the brand for the products being used by the assignor. Such an assignment is also referred to as a gross assignment.

When can a Trademark be assignerd?
A trademark can be assigned in the following situations

The Death of the Trademark Owner
Whenever the owner of the trademark i.e. the assignor dies, its ownership is passed on to the successors of the previous owners in a will or intestate. The condition is that the Trademark must be valid and should not have been abandoned by the previous owner.

Sale of Business
 Intellectual properties are assets for the company, just like all properties, even the trademark can be sold with the company. Provided it is registered under the company’s name. If a party acquires trademark rights of a company by acquiring a business with regard to the sale of assets of the company, the intellectual properties are also said to be transferred.

Change of the owner of businesses
When two companies decide on having a merger or an amalgamation of the company, a notification is sent to the registry. All the intellectual property of the acquired company are transferred to the new owner through the trademark assignment agreement between the parties.

Change in Form of Business
Whenever a business plan on changing its form of business or its business structure an assignment is a boon for those businesses.

If you are looking for an experienced trademark attorneys in Vietnam to help you with your trademark application, you should visit ANT Lawyers.vn. Our attorneys have experience with the trademark process and will work closely with you as you apply for your trademark.







Thứ Hai, 22 tháng 6, 2020

What happens if I have a trademark without registering?


Trademark registration provides protection and exclusive rights to the owner of a Trademark in relation to his goods and services used commercially.


A Trademark differentiates the identity and brand name of a business and separates the goods and services of a business from that of other similar goods or services in the market.

If your Trademark is not registered, it can be easily infringed upon by someone. In such case, you cannot file an infringement suit, but only claim remedy for passing-off. Passing off in trademark is when infringement of an unregistered trademark happens. The mark is not only deceptively similar to the trademark of other company but also creating confusion for the customers, which ultimately results in damage to the business of company.

Legal Remedy In Case Of Passing Off
The trademark owner can file a suit in district court/ High Court within the local limits of the jurisdiction, where the person instituting actually and voluntarily resides or carries on business or personally works for gain.

Where the passing off does not involve the use of trademark or where there is no sale of goods, the suit may be filed in a subordinate judge’s court or a court of superior to it. The plaintiff in a suit for passing off must be the owner of an unregistered trademark which has acquired reputation in relation to some goods or the owner of the goodwill in a trade name, or get-up relating to some goods or business or profession.

The defendant in the suit must be a person who has passed off or whose activities are likely to pass off his goods or business as the goods or business of the plaintiffs. Passing off actions may be instituted by many plaintiffs in a representative capacity provided there is a common interest, common grievance and a remedy beneficial to all. The rules governing the preparation of the plaint and the subsequent proceedings are the same as in any other suit and are governed by the Code of Civil Procedure.

If you are looking for an experienced Trademark attorneys in Vietnam to help you with your trademark application, you should visit ANT Lawyers.vn. Our attorneys have experience with the trademark process and will work closely with you as you apply for your trademark. We routinely match inventors with experienced Trademark attorneys for a free consultation on our platform and offer a money back guarantee.






Thứ Ba, 12 tháng 5, 2020

What is the meaning of trademark?


What is a Trademark?
A Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.


Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Compani­­es Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols
'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

The registration process is the same for both trademarks and servicemarks.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.   Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529