When should a startup file for a trademark?

You should register your mark when your product already gives profit. So, when the expenses are lower than income, you should start protecting your name from the competitors.

Trademark Law Firm in Vietnam

While there exist a possibility that somebody would register the same mark for the same product, it is highly unlikely. Because:

The chances that some other person in the same country decides to register the same brand name, having no knowledge about your business, is close to 0;

If somebody else, knowing about your brand, registers it wishing to sell you the mark or illegally disrupt your business, you can sue them in court (on the grounds of bad faith).

I have seen cases, when people just at the beginning of their business invested high money in the intellectual property matters, but unfortunately, the business later failed. I believe, at the beginning there are always better fields to invest money.

You already have some-kind of protection:

While you must have knowledge about existing intellectual property rights (not to be sued yourself), protecting your own trademark can go to the second plan. Furthermore, even if trademarks are not protected without registration, there are still some legal grounds that protects you. For example:

A person who has used legally the mark before someone else registered it (legally, of cause), cannot be prevented to continue using the mark for the same scope (same goods and same territory);

If your trademark is not a generic term but an inventive word or a specific graphical image, it will be protected by the copyright law. And the copyright law does not need any registration, it is gained automatically once an original work is created. If you are a pharma company, do it, before you tell the name loud:

But, the need to register or not a trademark also depends a lot on the field where your business operates. For example, drugs industry is especially sensitive for all IP matters (patents, trademarks…). So, in this field I advice to register a mark as soon as possible. Because in the pharmaceuticals industry, the competition is really tough and it is better to have all IP protection you can.

Additional advices:

-Check for prior trademarks;

-Do not use any mark that is similar to the well-known brands (so NO “Aple”; “Cola-coca”, etc.);

-Better use a distinctive word, phrase, logo - you have stronger IP protection.

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.