Trademark Consultant in Vietnam

Trademarks are an important part of client company’s competitive edge. ANT Lawyers IP practice helps you protect these valuable intellectual assets, through trademark registration, oppositions, and other trademark protection resolutions in Vietnam.

It has been obvious that the protections of trademark have created significant value in intangible assets. Hence, the manufacturers of various products and service providers could establish and protect their identities and the identities of their products or services in the marketplace through the creation and protection of names, designs, logos, and explore strategies for protecting potentially valuable trademarks. Further, it is important to be ready to design an ongoing maintenance strategy to protect, extend, and maximize the value of trademarks, and discuss strategies for responding to possible trademark infringement if any.

ANT Lawyers IP practice helps you protect these valuable intellectual assets through trademark registration, oppositions, and other trademark protection resolutions in Vietnam.

 

Trademark consultant in Vietnam

In particular, ANT Lawyers IP practice offers client services as following:

-Trademark Availability Searches

-Trademark Watch Service

-Trademark Filings & Trademark Registration in Vietnam

-Renewals

-Recordals of Amendments, Assignments, Merger Agreements, Licences

-Filing Opposition & Responses

Our trademark attorneys in Vietnam will process client’s trademark registration by carrying out the following steps:

-Providing our clients with cost estimates for searching and filing applications

-Conducting comprehensive clearance searches including analysis about registration of the required trademarks and providing advice on the most appropriate and cost-effective method to obtain a clearance

-Preparing and filing trademark applications, including obtaining appropriate legalization of documents and translations (if applicable)

-Responding to objections raised by Registrars and potential third party oppositions

-Negotiating settlement agreements when necessary to overcome prior marks

-Obtaining a Certificate of Trademark Registration once your trademark is approved

-Recording changes in name and address of proprietor, assignments, licenses and renewals of trademarks

-Providing solutions for trademark protection in Vietnam.

If you are looking for an experienced IP services in Vietnam to help you with your Trademark application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your Trademark in Vietnam.  

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Trademark consultant in Vietnam

 

Trademarks are an important part of client company’s competitive edge. ANT Lawyers IP practice helps you protect these valuable intellectual assets, through trademark registration, oppositions, and other trademark protection resolutions in Vietnam.

 

Trademark consultant in Vietnam

In particular, ANT Lawyers IP practice offers client services as following:

-Trademark Availability Searches

-Trademark Watch Service

-Trademark Filings & Trademark Registration in Vietnam

-Renewals

-Recordals of Amendments, Assignments, Merger Agreements, Licences

-Filing Opposition & Responses

Our trademark attorneys in Vietnam will process client’s trademark registration by carrying out the following steps:

-Providing our clients with cost estimates for searching and filing applications

-Conducting comprehensive clearance searches including analysis about registration of the required trademarks and providing advice on the most appropriate and cost-effective method to obtain a clearance

-Preparing and filing trademark applications, including obtaining appropriate legalization of documents and translations (if applicable)

-Responding to objections raised by Registrars and potential third party oppositions

-Negotiating settlement agreements when necessary to overcome prior marks

-Obtaining a Certificate of Trademark Registration once your trademark is approved

-Recording changes in name and address of proprietor, assignments, licenses and renewals of trademarks

-Providing solutions for trademark protection in Vietnam.

If you are looking for an experienced IP services in Vietnam to help you with your Trademark application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your Trademark in Vietnam.

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How do you get trademark registration?

What is Trademark?

The term ‘Trademark’ refers to the brand or logo which represents the business. It is a visual symbol of a signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or any other articles of commerce. Moreover, it is meant to differentiate among the similar products or services originated from the different business. A trademark can be a word, wrapper, packaging labels or a tagline or a combination of these. For example Coca-Cola and Pepsi.

 

Who can apply for the Trademark?

Any Individual, Company, Proprietor or legal entity who can claim to be an owner of the Trademark can apply for it. The trademark Registration formalities can be done in 18 to 24 months after that you can start using the ‘TM’ symbol. Once your trademark registry is done and registration certificate is issued then you may use ® (registered symbol) next to your trademark. The validity of a registered trademark is for 10 years from the date of filing and that can be renewed from time to time.

What are the documents required for Trademark Registration?

Following are the documents which are required for the Trademark registration:

-Copy of Trademark or logo

-Applicant details like name, address, and nationality and for the company it requires the state of incorporation

-Goods or services to register

-Date of first use of the trademark in Vietnam

-Power of attorney which is to be signed by the applicant.

-What are the steps for registering Trademark in Vietnam?

Following are the steps through which you can register your Trademark:

-Select a trademark agent and authorize it.

-Select attorney to represent you.

-The trademark attorneys in Vietnam conducts a trademark search.

-It depends upon the results of the search whether the trademark attorney will be draft your trademark or not. Just in case, someone already has the same trademark then you can change yours.

-The trademark attorney will file your trademark application with the trademark office and send you the receipt.

-Within a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the trademark office.

-No matter what the place is, it takes anywhere around 18 months to 2 years for the Trademark Office to decide whether the trademark should be granted or not. In case, if there are any objections from anywhere then it may take longer.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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Can a company in same industry with similar name exist?

In short, the answer is yes; however, a seasoned trademark attorney would be the best person to ask regarding your particular situation. That being said, the United States Patent and Trademark Office (USPTO) routinely rejects trademark registrations based on the “likelihood of confusion” that consumers would face between a prospective trademark and one that is already on file with the USPTO. According to the USPTO, “likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source. Each application is decided on its own facts, and no strict mechanical test exists for determining likelihood of confusion.” Some things to consider regarding “likelihood of confusion”:

Trademark in Vietnam

Aside from being rejected for having a similar textual composition to an already-existing trademark, a new registration may fail for also sounding alike, looking similar or creating “the same commercial impression in the consuming public’s mind”

The USPTO looks at whether a likelihood of confusion would exist as to the source of the goods and/or services rather than whether the actual goods and/or services are likely to be confused

The USPTO cannot perform pre-application searches or provide advisory opinions regarding registrations (hence the importance of an attorney - see below)

Businesses often seek the assistance of a lawyer to make sure their application gets accepted (which can be a time consuming process) and to avoid any future potential legal liability. For competitive rates on registering your trademark with the help of experienced trademark lawyers.

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Process for Trademark registration

A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks.Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives right to the mark and allows the holder to file lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years.

Trademark protection in Vietnam 

Process for Trademark registration

Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.

If not opposed then the Trademark registration certificate will be given.

Documents Required for Trademark Registration

-Date of using the Logo/Tagline (Any supporting document for the same)

-Power of Attorney signed by the applicant

-Softcopy of the Logo/Tagline

Source: Quora

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What is the importance of trademarks?

A trademark is any sign that individualizes the goods or services of an enterprise and distinguish them from the good or services of the other similar goods or services available in the market or in simple language it is anything that helps in differentiating a product in the ocean of similar or same category of products.

Trademark protection in Vietnam 

Although it is not mandatory and is most often ignored by the entrepreneurs but it remains one of the most important asset of any business.

Some of the important reasons are.

An important tool for effective communication: It is a proven fact that an average consumer identify and remember any brand more easily and effectively through its logo. Your mark can convey intellectual and emotional messages about you, your company, its products or services. A mark need not be a word to be identifiable. It can be a symbol, sign or combination of colours etc. Like “swoosh” design of Nike is recognized worldwide although it doesn’t have any word on it.

Trademark enables your customer to locate you: In this open economy the market place is crowded and consumers have too many options for one single product or service. Trademark proves to be an efficient tool to capture consumer’s attention and make your products and services stand out. Consumer viewing a trademark immediately know who they are dealing with. Often reputation of a particular trademark play a critical role in customer’s purchasing decision.

Trademark facilitates to effectively utilize the internet and various social media platforms: We all very well know how important is to have an online presence in this era. Your brand name is the first thing any customer enters into google or social media site like Facebook, twitter to know about your products and services and basis his decision on the published information.

Trademark is a valuable asset: A trademark fall under class of intangible asset and can appreciate over time. The value of any trademark is directly co-related to the reputation of business. Trademark paves the way for expansion from one industry to another. For example - Titan the homegrown brand for watches has become so popular over time and they used the same trademark to launch their eyewear range in recent past. It helped people to attribute same trust to this newly launched brand which titan watches have and this helped in boosting the company’s ambition for expansion. Trademarks similar to real estate can be bought, sold, licensed or at times used as security interest to secure a loan for your business.

Trademarks are perpetual (i.e they never expire) : Unlike other forms of intellectual property, trademark can exist for entire life of your business provided you renew it after every 10 years.

Source: Quora

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What is the difference between a registered trademark and unregistered trademark?

Each country allocates a level of respect to unregistered Trademarks. This varies from very little to serious as in the USA.

Register trademark in Vietnam

In the UK if you have an unregistered Trademark you are likely to be allowed to continue use in the area where you have established goodwill. Example you have a restaurant in Bristol and your regular customers come from a twenty mile radius. However someone has obtained a registered UK Trademark for a similar or identical Trademark covering restaurant services. The owner of the registration is going to be able to prevent you opening another restaurant with the same name outside your Bristol plus twenty mile area, unless you can persuade the tribunal to cancel the registered Trademark. This is most unlikely unless you can show good evidence of custom beyond Bristol.

A registered Trademark gives you the right to use the letter R encircled next to your Trademark and will carry a legal presumption that the Trademark is yours for the country in question. You will also find that intellectual property insurance is more cost effectively obtained. Additionally the authorities such as police and customs may possibly assist in preventing misuse of your Registration.

Source: Quora

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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What is the importance of trademark registration?

Trademark Registration is a legal protection for your Brand name which can’t be copied by any other party Legally. If in case they copy that brand then through the Rights under Intellectual Property Act. The owner of the Trademark can recover the whole profit earned with the name of Registered Trademark.

Register trademark in Vietnam

Many of my clients have said that their lenders or investors felt more comfortable once registration was achieved in important countries.

if you have registrations in major countries such as US , UK you can persuade amazon, eBay etc. to shut down infringing websites without the time and expense of court action.

Customers even search and see you are serious about your rights. It is so cheap to do you look very cheap if you don’t do it.

If you need to prevent infringing use by competitors the court will assume that your right is valid until the other side has proved that it is not. The percentage of registrations found invalid is minuscule. Once you have registration it can be renewed forever as of right. In the UK registration no 1 remains valid as the owners renewed it every ten years since 1876. You have to police the use of the mark, use and renew and then it’s yours forever.

If you have a registration potential licensees have an easy way of finding you. Lenders can give loans secured on registrations.

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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How can I check if a domain name has been registered as a trademark or not?

As many of the answers have pointed out here, there are several online searches you can use. However, I would urge you to utilize the skills of a professional trademark attorney.

Register trademark in Vietnam

I suggest this because there are many nuances to conducting a thorough trademark search. Conducting a search on your own is an option but you’d be surprised at how many people make mistakes throughout this process. In order to ensure that it’s a thorough search, you are better off relying on people who can ensure that the domain name has not already been registered. Keep in mind, not all protected trademarks may not appear in th TESS (Trademark Electronic Search System).

Ultimately, this could save you valuable time and money.

If you would like to be in touch with a trademark attorney in Vietnam, reach out to us at ANT Lawyers. We are the largest platform of freelance attorneys that offer quality legal help at an affordable rate.

Hope this helps!

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When do I need to trademark my company?

This is not your question, exactly, but the most vital step is to do a comprehensive US trademark search before spending any money on marketing and merchandising. You do not want to waste time and money on a mark that is strikingly similar to another product or service.

Trademark Law Firm in Vietnam  

If that is not an issue, I recommend that you trademark your startup shortly after you incorporate. I suggest this for two reasons:

-First, if you’ve done a comprehensive trademark search (which you’ll do during the trademark filing process), you can find out if you’re actually infringing on another company’s mark. This will help to avoid significant time and legal fees in the future.

-Second, although you can claim ownership of your trademark without formally registering with the US Patent and Trademark Office (USPTO), your rights are limited to the geographic region where your trademark is used. So, by formally filing, you can have protection across the US.

I really do recommend working with an attorney familiar with the trademark process to help you through the process.

A trademark attorney can

-Complete a thorough trademark search

-Fill out the application

-Ensure that deadlines are met

-Guarantee that the process has been completed properly

Source: Raad Ahmed - Quora

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What do you have to do to establish trademark rights in the United States?

The most secure thing to do is to apply for a trademark.

You have to remember, your trademark is what sets you apart from your competitors and ends up being a valuable part of your brand. You should absolutely protect it.

Trademark Law Firm in Vietnam 

Of course, in the US, you don’t necessarily have to file for a trademark if you can prove that you’ve used it in the marketplace. However, it’s not always so simple to prove this, so your best option moving forward is to file for the application. There will be a review period and then you will be registered for 10 years. You’ll need to renew it after that.

A few things to keep in mind

-There are strict guidelines and deadlines with the registration process.

--The USPTO doesn’t give refunds if you make mistakes on the application.

Your best bet is to hire a skilled trademark attorney to help you through the process.

A trademark attorney can

-Complete a thorough trademark search

-Fill out the application

-Ensure that deadlines are met

-Guarantee that the process has been completed properly

Source: Raad Ahmed - Quora

Read More

How do you get trademark registration?

What is Trademark?

The term ‘Trademark’ refers to the brand or logo which represents the business. It is a visual symbol of a signature, name, device, label, numerals or combination of colors used by the owner of the trademark for goods or services or any other articles of commerce. Moreover, it is meant to differentiate among the similar products or services originated from the different business. A trademark can be a word, wrapper, packaging labels or a tagline or a combination of these. For example Coca-Cola and Pepsi.

Who can apply for the Trademark?

Any Individual, Company, Proprietor or legal entity who can claim to be an owner of the Trademark can apply for it. The trademark Registration formalities can be done in 18 to 24 months after that you can start using the ‘TM’ symbol. Once your trademark registry is done and registration certificate is issued then you may use ® (registered symbol) next to your trademark. The validity of a registered trademark is for 10 years from the date of filing and that can be renewed from time to time.

What are the documents required for Trademark Registration?

Following are the documents which are required for the Trademark registration:

-Copy of Trademark or logo

-Applicant details like name, address, and nationality and for the company it requires the state of incorporation

-Goods or services to register

-Date of first use of the trademark in Vietnam

-Power of attorney which is to be signed by the applicant.

-What are the steps for registering Trademark in Vietnam?

Following are the steps through which you can register your Trademark:

-Select a trademark agent and authorize it.

-Select attorney to represent you.

-The trademark attorneys in Vietnam conducts a trademark search.

-It depends upon the results of the search whether the trademark attorney will be draft your trademark or not. Just in case, someone already has the same trademark then you can change yours.

-The trademark attorney will file your trademark application with the trademark office and send you the receipt.

-Within a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the trademark office.

-No matter what the place is, it takes anywhere around 18 months to 2 years for the Trademark Office to decide whether the trademark should be granted or not. In case, if there are any objections from anywhere then it may take longer. .

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