ANT Lawyers is a Vietnam-based law firm with offices in Hanoi, Danang and Ho Chi Minh City. We provide legal services to domestic and international clients, helping them navigate Vietnam’s legal and business environment with confidence.
Email: ant@antlawyers.vn
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In Vietnam’s rapidly evolving market, protecting your brand’s identity is more crucial than ever. TheVietnam trademark opposition proceduresserve as a vital legal mechanism for preventing unauthorizedtrademark registrationsthat could harm your business. With the shortened opposition timeframe under Decree 65/2023/ND-CP, businesses must be more proactive in monitoring and challenging conflicting trademarks.
10 Essential Insights into Vietnam Trademark OppositionProcedures for Brand Protection
This article provides a brief guide to Vietnam trademark opposition procedures. Whether you are a business owner, an IP attorney, or a startup looking to safeguard your brand, this guide will help you navigate the trademark opposition landscape effectively.
It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or confuse and lead many damages to your company such as distinguishing capacity, losing reputation and sale decline.
Cancellation Against of Trademark in Vietnam
In fact, many international companies after co-operating with domestic companies to distribute or sell good, find that co-operators steal their trademark by registered trademark protection in National offices intellectual property. Because trademark is protected independently in each nation, it is easy for violators to do steal trademarks.
To protect your rights and benefits, you should request Vietnam IP authority to cancel violated trademark. With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in cancelling against of trademark in Vietnam as follows:
Cancellation of Trademark in Vietnam
Under the Article 96 of the Law on Intellectual Property of Vietnam (IP Law), a certificate of trademark registration may be cancelled wholly or partly, by any third party’s request.
The applicant may request to the National Office of Intellectual Property (NOIP) in written form to cancel protection titles in the cases specified provided that they pay fees and charges.
Period for Filing Request of Cancellation Against of Trademark in Vietnam
To request cancellation of a trademark due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation of a trademark due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The Cases for Cancellation of Trademark in Vietnam
A certificate of trademark registration may be cancelled wholly or partly, by any third party’s request, in the following cases:
The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;
The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.
Required Documents for Cancellation of Trademark in Vietnam?
Proofs (if any);
Power of attorney;
Written justification of the reason for request (clearly stating the serial number of the protection title, reason, legal grounds, contents of the request for termination or Cancellation of part of or the entire protection title) and relevant documents.
Time and Procedures for Cancellation of Trademark Protection?
In case a request for cancellation of trademark protection title is made by a third party, the NOIP shall notify in writing the third party’s opinions to the protection title holder, setting a time limit of two months from the date of notification for the trademark protection title holder to respond.
After considering opinions of the parties, the NOIP shall issue a decision on cancellation of part of the entire protection title or notify its refusal to cancellation the trademark protection title.
If disagreeing with the NOIP’s decision on handling of the request for Cancellation of the trademark protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice.
A decision on cancellation of a trademark protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within two months from the date of its signing.
In business, a new name can open doors, a new logo can bring fresh life into your business, a rebrand can feel like a transformation.
Many foreign companies believe that owning a trademark in their home country protects them everywhere. They design, print, market, and launch, only to discover that someone in Vietnam already registered the same name. Or something that sounds the same. Or looks the same. And that someone now has the legal right to stop your business from using it.
Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps
Vietnam uses a “first-to-file” trademark system. It means the person or company that files the trademark in Vietnam first owns it. Not the one who thought of it first. Not the one who used it first overseas. And certainly not the one who spent more on advertising.
Then before going too far, check with a trademark law firm in Vietnam to ensure you could register the trademark for the products or services. They bring local legal knowledge; help you secure your brand. You could then rebrand your business safely.
Vietnam Intellectual Property Law amendments have long been expected.
Why?
For sometime, we have seen clients’ feedback on the delay of the procedures i.e. registration of IP rights, refusal to possible IP violations. Many times, we come across clients feeling hopeless seeking solutions to enforcement of violations of IP rights.
Now, it seems Vietnam is moving into a critical reform period, and one of the most consequential developments is the upcoming Vietnam Intellectual Property Law amendments. This revision cycle is broader than the amendments of 2009, 2019, and 2022. It reflects Vietnam’s economic transformation and the State’s intention to strengthen innovation capacity, align with international commitments, and respond to rapid changes in the digital economy.
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 protection in Vietnam? How does it work?
Imagine the situation that your business has successfully entered Vietnam’s vibrant market. Your products or services are gaining traction, your brand is becoming recognized, and your future in the region looks bright.
But one day, you discover a competitor, or worse, an opportunist, has filed a trademark application that resembles your brand too closely. If left unchecked, this could lead to customer confusion, brand dilution, and a tarnished reputation.
