Registering for trademark

Registering for trademark
March 11 03:04 2014

Every organizations, individual doing business, or any entity has right to apply for registering trade mark for their own goods and service.

Organizations or individuals shall have the right to register marks to be used for goods they produce or services they provide

Organizations and or individuals carrying out trading have the right to apply for registering trademarks of the goods they trade in, provided that the producer does not use such trademarks for respective products and oppose their use.

Collective organizations lawfully established shall have the right to register collective marks to be used by their members under the regulations on  use of collective marks. For signs indicating geographical origins of goods or services, organizations having the right to register them shall be collective organizations of organizations or individuals engaged in production or trading in relevant localities.

Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that they are not engaged in production or trading of such goods or services.

Two or more organizations or individuals shall have the right to jointly register a mark in order to become its co-owners on the following conditions:

–  Such mark is used in the names of all co-owners or used for goods or services which are producedor dealt in with the participation of all co-owners;

– The use of such mark causes no confusion to consumers as to the origin of goods or services.

For a mark protected in a country being a contracting party to a treaty which prohibits the representative or agent of a mark owner to register such mark and to which the Socialist Republic of Vietnam is also a contracting party, then such representative or agent shall not be permitted to register such mark unless it is so agreed by the mark owner, except where a justifiable reason is available.

Right to apply, even the filed applications, can be tranfered to other individuals or organizations in the form of written contracts, bequeathal or inheritance according to law, provided that the assigned organizations or individuals satisfy  the respective conditions on the persons having the registration right.

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