What is the difference between a registered trademark and unregistered trademark?

Each country allocates a level of respect to unregistered Trademarks. This varies from very little to serious as in the USA.

Register trademark in Vietnam

In the UK if you have an unregistered Trademark you are likely to be allowed to continue use in the area where you have established goodwill. Example you have a restaurant in Bristol and your regular customers come from a twenty mile radius. However someone has obtained a registered UK Trademark for a similar or identical Trademark covering restaurant services. The owner of the registration is going to be able to prevent you opening another restaurant with the same name outside your Bristol plus twenty mile area, unless you can persuade the tribunal to cancel the registered Trademark. This is most unlikely unless you can show good evidence of custom beyond Bristol.

A registered Trademark gives you the right to use the letter R encircled next to your Trademark and will carry a legal presumption that the Trademark is yours for the country in question. You will also find that intellectual property insurance is more cost effectively obtained. Additionally the authorities such as police and customs may possibly assist in preventing misuse of your Registration.

Source: Quora

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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How do you know when it's time to renew your trademarks?

As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.

Trademark in Vietnam

The receiving of the trademark registration certificate is not a final point in your trademark life. To keep your trademark valid you must renew it every 7-20 years depending on the country the mark is registered in. There are no limits on how many times your trademark can be renewed. You can do it 1, 3, 6 times or do not do it at all if you don’t want to use your mark more.

The renewal date is indicated on the website of the Intellectual Property Office of the country where your trademark is registered. The only way to know it is just to remember this date. You can set a reminder on your phone or computer, print the date and put it up on the wall or think out another method to keep it in mind. The main thing is not to miss this date, otherwise, your mark will be canceled.

It might be easier if you hire trademark lawyers in Vietnam to register your mark because he will probably send you an email with the notification that it is time to renew your trademark.

Hope this help!

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Can I do trademark registration by myself?

If you are a resident of the country you can register a trademark by yourself in the National Trademark Office. However, the process is very complicated and without appropriate assistance, it is very unlikely to fill out all documents and go through the whole procedure successfully. Because of this, it is better to hire a professional attorney, who is able to simplify the process of registration for you and save your time and money.

 Trademark in Vietnam 

There is a slightly different situation with international registration. Foreign residents have no direct access to the National Trademark Offices in other countries. Due to this if you wish to file for a trademark somewhere outside of your country of residence, you have to hire a professional local attorney to represent your interests there.

There is only one exception WIPO | Madrid – The International Trademark System. However, the system is available only for countries-members (121 countries of the world) and only for residents of these countries, provides very limited protection and requires a considerable amount of time and effort for registration.

First, you apply for a trademark in your country of residence and wait until you obtain a trademark there, after, using WIPO, you file the trademark in other countries through your National Trademark Office and wait for registering your mark there.

However, an experienced attorney is always able to simplify the process of registration, increase the chances and the speed of registration and save your time and money. If you're looking for an affordable  IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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