When should a startup file for a trademark?

You should register your mark when your product already gives profit. So, when the expenses are lower than income, you should start protecting your name from the competitors.

Trademark Law Firm in Vietnam

While there exist a possibility that somebody would register the same mark for the same product, it is highly unlikely. Because:

The chances that some other person in the same country decides to register the same brand name, having no knowledge about your business, is close to 0;

If somebody else, knowing about your brand, registers it wishing to sell you the mark or illegally disrupt your business, you can sue them in court (on the grounds of bad faith).

I have seen cases, when people just at the beginning of their business invested high money in the intellectual property matters, but unfortunately, the business later failed. I believe, at the beginning there are always better fields to invest money.

You already have some-kind of protection:

While you must have knowledge about existing intellectual property rights (not to be sued yourself), protecting your own trademark can go to the second plan. Furthermore, even if trademarks are not protected without registration, there are still some legal grounds that protects you. For example:

A person who has used legally the mark before someone else registered it (legally, of cause), cannot be prevented to continue using the mark for the same scope (same goods and same territory);

If your trademark is not a generic term but an inventive word or a specific graphical image, it will be protected by the copyright law. And the copyright law does not need any registration, it is gained automatically once an original work is created. If you are a pharma company, do it, before you tell the name loud:

But, the need to register or not a trademark also depends a lot on the field where your business operates. For example, drugs industry is especially sensitive for all IP matters (patents, trademarks…). So, in this field I advice to register a mark as soon as possible. Because in the pharmaceuticals industry, the competition is really tough and it is better to have all IP protection you can.

Additional advices:

-Check for prior trademarks;

-Do not use any mark that is similar to the well-known brands (so NO “Aple”; “Cola-coca”, etc.);

-Better use a distinctive word, phrase, logo - you have stronger IP protection.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

Should intellectual property be abolished?

I am assuming your intended question was directed at the legal protections over intellectual property rights (i.e. patents, copyrights, trademarks, trade secrets), and not the literal interpretation that we should stop creating and innovating.

The “value to society of intellectual property as a legally protected right” is an opinion with many views.

IP Services in Vietnam 

My view is that it would reduce the incentive for one to innovate and create. As an inventor, I would no longer share my thoughts and ideas with society so that others could grow them.

Individuals would be at a major disadvantage against larger companies who have more funds to test and revise quickly. An individual would need to protect all secrets until ready to build a final product and hit the market all as once. Because as soon as an innovation was released to the market, hoards of knock-offs would follow, quickly reducing the price, and quality.

As a writer, I would charge much more for my work, since it is free to be copied and sold by others, and value initially diminishes as a work becomes more commonly known.

Artist, Singers, Writers, etc. would be severely limited in what they could gain from their efforts and therefor would have incentive to prevent publishing, recording, and distribution to wider audiences. Inventors would spend time obfuscating their works, and refuse to explain new discoveries or improvement in the arts.

Read More

Intellectual Property Defined

Ignorance of the law excuses no one. If you are unaware of your law, then you are in for big trouble. To better understand what are your rights and duties, educate yourself.

Issues regarding intellectualproperty rights are an important topic of discussion as many things revolve around this theme. Knowing what an intellectual property is the first step in our education. The U.S. Department of State defines it as:

“Creative ideas and expressions of the human mind that possess commercial value and receive the legal protection of a property right. The major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks. Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use.”

This definition gives emphasis on the word protect. Indeed, it is designed to extend protection to the creator of a certain creative work or a product. Legal provisions are installed to give the owner the exclusive right to control access and use of his property. The law provides for specific procedures when a violation of these rights is committed.

Copyrights and industrialproperty are two categories that make up intellectual property.

Copyright laws provide for the owner an exclusive right to control access of his creative work. Variations may exist with different countries but the basic idea is this.

Industrial property includes such things as patents and trademarks. A patent is defined as a legal grant issued by a government permitting an inventor to exclude others from making, using, or selling a claimed invention during the patent's term. A trademark on the other hand is a name or symbol secured by legal registration that identifies a manufacturer's or trader's product or service and distinguishes it from other products and services.

Any infringement on these rights entitles the owner to a day in court. Filing a lawsuit is a must if you want to be compensated for the damages you have received. Of course you won’t know if you are already being violated unless you know what you’re rights are. There is a great need for us to be familiar with the concepts of intellectual property laws for us to know when we are being wronged and what needs to be done to address that wrong. Like they always say, “Knowledge is Power.”

 Source: Articlecity.com

Read More