FREQUENTLY QUESTIONS

Title 1: In Vietnam, use of a mark in Black & White will be deemed as a valid use of the same mark registered in color (and vice-versa)?

Yes, provided that the word/figurative element(s) of the mark remain the same

Title 2: Single-class or multi-class application system is applicable in Vietnam?

Multi-class application allowed. The single class application is recommended so as to not affect the accepted class(es) in case of Office Action or opposition for one or some class(es) only.

Title 3: Required document for trademark registration in Vietnam

Power of Attorney signed by the Applicant and further affixed with the company’s seal (if any). One POA can be used for filing several marks/classes as long as the Applicant’s name and address are the same.

Title 4: In Vietnam, non-use revocation is possible?

Yes, Article 95.1.d of Vietnamese Intellectual Property Law No. 50/2005/QH11 of November 25, 2005 states as follows: “The validity of a protection title shall be terminated in the following cases: […] d) The mark has not been used by its owner or his/her licensee without justifiable reasons for 5 consecutive years prior to a request for termination of validity, except where the use is commenced or resumed at least 3 months before the request for termination.”

Title 5: are letters of Consent and Coexistence agreements applicable in Vietnam, Laos, and Cambodia?

Yes, letters of Consent and Coexistence agreements may be accepted at the sole discretion of the trademark Offices. The coexistence of similar trademarks may thus be accepted if they are not considered highly similar and the goods/service for which they are applied for are not identical.   

 

www.000webhost.com