Trademark Infringement lawyers in Vietnam assist trademark infringement

 Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient.

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How Trademark Licensing in Vietnam Works?

 How Trademark Licensing in Vietnam Works?

Vietnam's intellectual property law governs the licensing of industrial property subjects in general and trademarks in particular. As a result, when a trademark is licensed in Vietnam, the owner (the licensor) grants permission to another party (the licensee) to use the trademark in Vietnam under terms and conditions that have been mutually agreed upon.

The nature and quality of the products or services associated with the trademark are still under the control of the licensor.

Quality control is the most important aspect of trademark licensing in Vietnam because buyers expect consistent quality from trademarked goods or services regardless of where they are purchased or used.

To avoid disputes in trademark licensing in Vietnam, permission must be granted in writing.

What are the advantages of trademark licensing in Vietnam?

Trademark licensing in Vietnam could bring great advantages as following:

• Additional revenue
• Territorial expansion
• Benefits from others’ manufacturing, sales, distribution, marketing skills
• New channels of distribution
• Discontinued marks
•  Strategic partnerships
• Convert a trademark infringer into a partner
• Increase consumer recognition and advertising 

Forms of trademark licenses in Vietnam

Trademark licensing in Vietnam may take the following forms:

• Franchising
• Merchandising
• Brand extension
• Co-branding
• Components or ingredient branding
• Standards

What kinds of contracts exist for trademark licensing in Vietnam?

Licensing of trademark includes the following types: Exclusive contract, Non-exclusive contract, Sub-license contract.

-First, an exclusive contract is one in which the licensee has exclusive use of the licensed trademark within the scope and duration of the licensing agreement, while the licensor is prohibited from using the licensed trademark without the licensee's permission.

-Second, a non-exclusive contract is one in which the licensor retains the right to use the trademark and enter into a non-exclusive trademark license agreement with others within the scope and duration of the licensing agreement.

-Thirdly, trademark sub-license contract mean an agreement under which the licensor is a licensee of the option to utilize such brand name as per another agreement.

What is included in the Vietnam trademark licensing contract?

In a the agreements, having the accompanying contents is required: complete names and addresses of the licensor and of the licensee; reasons for licenses; type of contract; scope of licensing, including territorial and use right restrictions; contract duration price of a license; rights and responsibilities of the licensee and licensor. To deal with potential disputes that may arise between parties during the execution of trademark licensing in Vietnam, it is essential to establish regulations regarding the dispute resolution process for trademark licensing.

The parties must also consider the legality of this contract in addition to the aforementioned provisions. In contrast to assignment contracts for trademarks in Vietnam, where they must be registered at the National Office of Intellectual Property of Vietnam before they can take effect, licensing contracts for trademarks do not require such registration. When the licensor loses its trademark rights, the licensing agreement will automatically end.

Our Intellectual Property attorney can assist the client with any additional inquiries or requests for legal counsel regarding trademark licensing in Vietnam or a dispute in trademark licensing contract.

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How to Protect Copyright in Vietnam?

 How to Protect Copyright in Vietnam?

Copyright refers to an individual or organization's rights to a work that they created or own, as defined by Vietnam's Intellectual Property Law. Additionally, works of literature, art, and science shall constitute the subject matter of copyright; Performances, audio and visual fixation, broadcasts, and satellite signals carrying coded programs are all eligible subjects for copyright-related rights.

However, if there is no prior prepared evidence, it is difficult to demonstrate the owner's copyright. In the event of a dispute or violation, the most crucial piece of evidence is a copyright registration. When the owner can demonstrate that the Work is covered by copyright law, the registration of the copyright will prevent infringement.

ANT Lawyers – A registering copyright services in Vietnam would like to assist you in registering and safeguarding your copyright and related rights in Vietnam in the following ways with their highly skilled staff and extensive knowledge of the intellectual property landscape in Vietnam:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

If a work meets the following requirements, its owner's copyright will be registered:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

–Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The duration of each type of work protected by the aforementioned rights will vary. The term of protection for cinematographic, photographic, stage, applied, and anonymous works, in particular, shall be fifty (50) years from the date of first publication. Other works are protected throughout the author's lifetime and for fifty (50) years after their death.

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Successfully Register a Vietnam Trademark in the US

 ANT Lawyers as an Industrial Property law firm with full IP license under Vietnam laws represented Live Forever Young Co., Ltd to submit an international application of trademark Live Forever Young trademark which designated the US according to the World Intellectual Property Organization (WIPO) on October 2021.

                                               

  ANT Lawyers IP law firm in Vietnam

Through the formal examination stage, on March 2021, WIPO issued a Certificate of Registration, which certifies that the above application conformed to the formal requirements of WIPO. Subsequently, WIPO notifies the Intellectual Property Office of the U.S. and this Office could conduct the substantive examination.

During the substantive examination stage, the United States Patent and Trademark Office (USPTO) issued a Non-final Office Action on May 2021. Subsequently, ANT Lawyers assisted the Client in preparing and submitting the corresponding response letter to USPTO.

After 7 months of substantive examination, on October 2021, the Live Forever Young trademark has been successfully registered in the US and USPTO issued a Registration Certificate. Accordingly, the registration will remain in full force and effect for a term of ten years from the date of issuance and may file a renewal.

Trademark registration in the US is very important for the client as this is the first step that uncovers the considerable opportunities for entering the potential market in the US. With the help of ANT Lawyers from experts in intellectual property as well as close cooperation relationships with IP law firm in different part of the world, ANT Lawyers IP law firm has assisted Clients in achieving their goals and while maximizing their rights and exploiting legal benefits from intellectual property as well as minimizing risks in the process of registration of trademark in Vietnam and international trademark registration in US.

Source ANTLawyers: https://antlawyers.vn/library/register-vietnam-trademark-in-the-us.html 

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Cancellation Against of Trademark

Cancellation Against of Trademark in Vietnam

It typically takes a significant amount of time and effort on the part of your business to win customers' confidence in your products and trademark. However, if there is another trademark for the same goods that is identical to yours, it will likely cause customers to make mistakes or become confused, resulting in a number of negative effects for your business, including a decrease in sales, a loss of reputation, and the ability to distinguish yourself.

In fact, after partnering with domestic businesses to distribute or sell goods, many international businesses discover that their trademarks are stolen by partners who register their trademarks for intellectual property protection in national offices. It is simple for trademark thieves to steal trademarks because each nation protects trademarks differently.

You should ask the Vietnam Intellectual Property Authority to cancel the trademark that was used in violation of your rights and benefits. ANT Lawyers would like to assist you in canceling against a trademark in Vietnam in the following ways because they have excellent IP experience in Vietnam and a highly professional staff.

Cancellation against of trademark in Vietnam

A certificate of trademark registration may be revoked entirely or partially at the request of a third party in accordance with Article 96 of the IP Law of Vietnam.

In the specified circumstances, the applicant may submit a written request to the National Office of Intellectual Property (NOIP) to cancel protection titles subject to payment of fees and charges.

Period for filling cancellation request

To request cancellation against of trademark in Vietnam 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 against of trademark in Vietnam due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.

The case for cancellation against of trademark in Vietnam

Any third party may request that a certificate of trademark registration be revoked entirely or partially in the following circumstances:

The registration applicant does not possess the right to register an invention, industrial design, layout-design, or mark, nor has this right been granted to them;

At the time the protection title is granted, the subject matter of industrial property does not meet the protection conditions.

Required documents

Proofs (if any);

Power of attorney;

Written justification of the request, including relevant documents and clearly stating the protection title's serial number, reason, and contents for terminating or canceling a portion or the entire protection title.

Time and procedures for cancellation against of trademark in Vietnam

In the event that a third party makes a request to have their trademark protection title revoked, the NOIP is required to provide the protection title holder with written notice of the third party's opinions and set a response deadline of two months from the date of notification.

The NOIP must decide whether to cancel all or a portion of the protection title or notify the parties of its refusal to cancel the trademark protection title after taking the opinions of the parties into consideration.

The requester or a party involved may file a complaint regarding the decision or the relevant notice if they disagree with the NOIP's handling of the request for cancellation of the trademark protection title

Within two months of its signing, a decision to cancel a trademark protection title must be published in the Industrial Property Official Gazette and added to the National Register of Industrial Property.

ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities. 

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Forms of Disputes and Methods of Resolution in Vietnam

 Forms of Disputes and Methods of Resolution in Vietnam

Dispute in Vietnam could arise between parties to a business transaction, such as the government of Vietnam and foreign investors, or between nations implementing international treaties.

Vietnam's market economy developed in tandem with a significant increase in the breadth and depth of its economic ties, which have made Vietnam an important component of the global supply chain. Vietnam providers could offer the labor and products to the world and the unfamiliar provider could likewise trade their labor and products to Vietnam market. Further, as the Vietnam market opens up, unfamiliar financial backers could put through different types of interests in Vietnam for example gain values in Vietnam organizations, lay out business inVietnam. Disputes that have grown in size and complexity during this process are an inevitable outcome.

The majority of people should agree that disagreements should be interpreted as disagreements, inconsistencies, or conflicts of interests, rights, and responsibilities between parties in economic relations at various levels. Accordingly, economic disputes can have the following basic forms:

-Disputes in business are between the participants in a business transaction including investments, production to consumption of products or performance of services on the market for profit purposes i.e. professional and product liability, debt disputes over a business transaction, franchise disputes, intellectual property disputes, and disputes over contract for supply of goods or services…

-Disputes between foreign investors with Vietnam government agencies, arising in the implementation of the BTO, BT, BOT, and the implementation of international agreements on promotion and protection bilateral and multilateral investment i.e. government policy and policy measures, concession to water and sewerage, power or energy supply, project or contract payment…

-Disputes between countries in the implementation of the international bilateral and multilateral agreements.

After taking into account a variety of factors, including cost, time, and the complexity of the disputes, the parties involved in disputes in Vietnam may consider resolving the issues through negotiation, mediation, arbitration, or litigation. In Vietnam, a litigation law firm with skilled dispute lawyers in Hanoi, Danang and Ho Chi Minh City should be consulted for appropriate dispute resolution advice.

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How Does the ASEAN Dispute Resolution Mechanism Work?

How Does the ASEAN Dispute Resolution Mechanism Work?

Having an efficient means of resolving disagreements that arise between member nations has become an essential requirement as economic cooperation has grown. As a result, ASEAN has been working on a Protocol on a Dispute Settlement Mechanism since 1996. On November 20, 1996, ASEAN Economic Ministers signed the Protocol in Manila (Philippines).

Dispute Settlement Mechanism of ASEAN

The spirit of negotiation and mediation is the foundation of ASEAN's dispute resolution system. Parties to the dispute in Member States have the option to select mediation methods at any time. These structures might start or end out of the blue. The complainant took the matter to the Senior Economic Officials Meeting of ASEAN (SEOM) only after the mediation process had ended. Mediation procedures will continue to apply while the dispute is ongoing if the parties to it agree.

The matter will be referred to SEOM if the consultation does not resolve the dispute within sixty (60) days of receipt. SEOM will either form a panel or, if that is not possible, send the matter to the special rules and procedures team or another group for evaluation. However, in some instances, SEOM may decide to settle the dispute without appointing a panel if deemed necessary.

Within thirty (30) days of the panel's submission of the report, SEOM will evaluate it during its discussion and make a decision regarding the dispute. SEOM may have an additional ten (10) days to resolve a dispute in exceptional circumstances. Parties to the dispute may be represented by SEOM representatives at the meeting, but they may not vote on SEOM decisions. SEOM will decide by majority vote.

Within thirty (30) days, parties to the dispute may appeal the SEOM's decisions to the ASEAN Economic Ministers (AEM). Within thirty (30) days of receiving the appeal, AEM must issue a decision. AEM may have an additional ten (10) days to resolve the dispute in exceptional circumstances.

ANT Lawyers have Litigation and Dispute lawyers in Hanoi, Da Nang and Ho Chi Minh City that help clients dealing with dispute resolution and alternative dispute resolution in Vietnam.  

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