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. .

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Da Nang City Receives Hungary Ambasador in Vietnam

On October 7^th, 2019, Chairman of Da Nang People’s Committee met the Ambassador Hungary to discuss cooperation. At the meeting, the Chairman of Danang People’s Committee informed about the development orientation of the city until 2030, with vision to 2045. Besides, the city also wishes to receive support and assistance in cooperation with Hungary in the near future about many business areas.

Da Nang City Receives Hungary Ambasador in Vietnam

Hungary Ambassador highly appreciated the development of Danang and the achievements of the city in recent years, and expect that the two countries would be able to cooperate with each other in the future.

The two parties also discussed a number of issues such as the implementation of the project to upgrade the Danang Pediatric Maternity Hospital with funding from Hungary.

In the meeting, the representatives of  Danang city shared wishes to attract more investors from Hungary and other European countries. In the coming time, with the orientation of developing hi-tech areas, services related to tourism, protecting the environment.

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Customs Authorities to Reduce 12 Administrative Procedures

Customs procedures are always a haunting torment of many companies and businesses. Recently, the Prime Minister has ordered Vietnam Ministry of Finance, the General Department of Customs to review the administrative procedures and plan for reducing, amending of the unnecessary procedures that hindering and harassing businesses, to make investment in Vietnam more competitive and the legal environment in Vietnam more transparent.

Customs Lawyers in Vietnam 

Pursuant to the announcement No. 289/TB-VPCP dated 25th July 2014 on management and reform of administrative procedures in Customs decision of the Vietnam Ministry of Finance, 12 administrative procedures in the customs sector have been discarded, reduced down to 164 types.

Before that, the time consumed for the export procedures in Vietnam was 4 days, as twice as the average time consumed in the region and was one of the highest figures in the region. The time consumed for the import procedures is 4 days, compared to the average of 3 days of the region. The time for the preparation of documents for import-export is 12 days, 1 day longer than the average numbers. Meanwhile, companies have to complete 13 documents for procedures, higher than Singapore, which requirs 6 types of documents and Malaysia with the respective number of 8.

In accordance with the annoucement, the Prime Minister demands the focus on renovating administration of Vietnam Tax, Customs procedures that target by the end of 2014, the time consumed by conducting these import-export, clearance of products procedures shall be cut in half; and to reduce the number of documents required; publicly announce the statistics of the customs operation; and finally, in 2015, reduce the number of hours consumed for the custom procedures of export-import products into Vietnam equal to the average figures of ASEAN-6 nation, which is 171 hours annually.

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Vietnam Customs Law 2014

On 23rd June 2014, the Vietnam National Assembly has issued the new Vietnam Customs Law. This new law comprises of 8 Chapters, 104 Articles and shall come into effect on 1st January 2015.

Customs lawyers in Vietnam

Accordingly, the new 2014 Vietnam Customs Law is focusing on customs procedure reform, modernization of customs administration, codify international laws on international commitment in order to meet the requirements and facilitate integration beneficial for import and export activities; improve the effectiveness and efficiency of customs operations management.

Article 23 of the law regulates the custom documents towards reducing the numbers of papers of customs documents required in the relevant documents to be submitted when doing customs procedures i.e. commercial invoices, import-export document.  Custom documents can also be in writing or electronic invoices.

Besides, the new Vietnam Customs Law boosts the management practices from pre-check to post- check. Mechanism of post-clearance inspection for a period of 5 years is strictly specified in terms of objects, conditions and sanctions when a violation is detected. This provision not only facilitates but also tightly controls the flow of goods to ensure that it is in compliance with the customs declaration.

Clause 6 Article 88 of the 2014 Vietnam Customs Law regarding the jurisdiction of the customs authorities in the application of prevention of smuggling and illegally transporting goods across borders has been supplemented to detail the measures to control custom.

In addition, the provisions of Article 92 stipulates that Customs agency, customs officers shall be equipped with and using professional technical facilities, weapons, support tools, flags, signal flares, lights, screening, biochemical technology, mechanical equipment, electrical, electronic and other means as prescribed by law to perform the task of preventing and battling against smuggling, illegal transport of goods across the border. The equipment and the use of weapons and tools to support prescribed by law shall be governed in complied with regulations for management and use of weapons, explosives and support tools. These are important provisions to prevent and battling against smuggling, illegal transport of goods across the border.

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What is the difference between a brand name and trademark?

We often hear the term "brand" used interchangeably with the term "trademark". But there is a legal difference between the two words.

A trademark is a mark that legally represents something, usually a business, by their goods or services. A brand name, however, is the name that a business chooses for one of their products. A brand identifies a specific product or name of a company.

Register trademark in Vietnam

A "Trademark" includes any device, brand, make, label, name, signature, word, letter, numerical, shape of goods, packaging, color or combination of colors, smell, sound, movement or any combination thereof which is capable of distinguishing goods and services of one business from those of others.

One might ask, “What make of car do you drive?” and hear the answer as “A Ford®.” Or, “What brand of detergent do you use?” “Oh, I use Tide®.” Both Ford and Tide are trademarks, Ford cars can be both a brand and make, but Tide is not a make. You can use just the word "Ford" as a brand. A brand can also become a trademark. Ford started making cars in 1903, and started using the now famous oval Ford logo in 1907. But it was not until 1909 that the brand name Ford was registered as a trademark and today the brand name Ford is now a worldwide trademark.

In reality, very few people, other than lawyers, who hear you use the word "brand" rather than "trademark" would stop and tell you that you used the wrong word.

Source: Quora

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What are The Advantages of Trademark Registration?

A Trademark is essentially a brand name. It may comprise of a word, name, combination of words or names or a symbol used to identify and also differentiate goods/ services produced/ provided by one seller from those offered by other sellers. It is also used to indicate source of the commodities.

Trademark in Vietnam

Trademarks allow you to protect your company’s name, and to specify which types (classes) of goods and services your company’s trademark should be applied to. For example, coffee mugs vs. outdoor apparel. It’s important to point out that trademarks are intangible assets, and can be bought, sold or licensed.

Other Advantages of Registering a Trademark:

-It grants the right to use the registered trademark symbol: ®;

-It grants the right to file a trademark infringement lawsuit in federal court and to obtain monetary damages;

-It acts as a bar to the registration of another confusingly similar mark;

-Ability to have the customs service block the importation of goods bearing an infringing mark; and

-It may serve as the basis for an international trademark application.

If you’re considering registering for trademarks then you should hire a competent Trademark Lawyers in Vietnam who will make sure everything is protected from the get-go. Feel free to visit ANTLawyers.vn for this. We’re a legal marketplace that makes it easy for entrepreneurs to hire and work with quality, vetted lawyers.

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Anti-Dumping Measures for Some received Cold-rolled (Cold-pressed) Steels Under Plate and Coil Form From China (AD08)

On May 03^rd, 2019, the Trade Remedies Authority – Ministry of Industry and Trade a dossier requesting investigation and imposition of anti-dumping measures for some cold-rolled (cold-pressed) steels under plate and coil form which are alloy or non-alloy steel products rolled flat into plate or coil. The requesters being representative of domestic manufacturing industry include: (1) Posco Vietnam Co., LTD; (2) China Steel Sumikin Vietnam Joint Stock Company; and (3) Vnsteel – Phu My Flat Steel Company Limited, a subsidiary of Vietnam Steel Corporation request to impose anti-dumping tax equivalent to 21.3% for products originating from China.

Anti-dumping Law Firm in Vietnam

On September 03^rd, 2019, the Ministry of Industry and Trade issued Decision No.2703/QD-BCT on anti-dumping investigation and imposition on some cold-rolled (cold-pressed) steels under plate and coil form originating from the People’s Republic of China.

Within 15 days after the issuance of Decision No.2703/QD-BCT, the Investigating Authority shall send the investigation questionnaire to the relevant parties. The relevant parties shall submit written response to all questions in the questionnaire within 30 days from the date of receiving the investigation questionnaires. The date of receiving the investigation questionnaires shall be set at seventh days after the investigation questionnaires are sent by Investigating Authority.

In case of necessary or reasonable request from relevant parties, the investigating authority may extend the time limit but not more than 30 days.

The relevant parties shall register participation in investigation within 30 days from the date of issuance of Decision No.2703/QD-BCT. The Ministry of Industry and Trade recommends that all organizations and individuals who are importing – exporting, distributing, trading and using products under investigation should register as a relevant party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law.

As international trade law firm with experience in previous investigations, ANT Lawyers always follows up the development of anti-dumping investigation and provide clients with recent update.

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