Intellectual Property is a new field in comparison with other fields for many companies in Vietnam. As a result, there are many applications for registering trademarks having been rejected for granting protection title by the National Office of Intellectual Property every year. This causes the companies waste time and costs for trademark registration activities and other activities related to trademarks. To help the companies can save costs and time, Truong Luat presents some of the recommended contents for companies before deciding to apply for trademark registration.
The applications for registering trademarks may be rejected due to the following reasons: (1) Trademark registration records are incorrect or incomplete in accordance with Intellectual Property Laws. (2) The applications don't meet the criteria for protection, such as: trademark is only descriptive, trademark is inability to distinguish or may cause confusion for consumers with the trademarks which has been protected. (3) Trademark is opposited by third parties who usually are the competitors of the company. These parties discovered your applications for trademark registration and will require the National Office of Intellectual Property to refuse granting protection title. (4) The applicants of trademark registration did not respond or answered but not exactly because they did not understand clearly the content of the notice of intention to refuse of the National Office of Intellectual Property as well as the regulations of intellectual property related.
To prevent the causes listed above and ensure that the application(s) for registration of the trademark is effective, the companies need to search for trademark and assess the ability to protect trademark based on the results of the search and his knowledge of intellectual property law. This task would be conducted by you but it is better to look for the support and assistance of a Intellectual Property Representative – an organization is professional in the field of intellectual property in general and in particular trademark.