Exclusive protection of company name – Instructions on how to do it

Exclusive protection of company names helps protect the legal rights of businesses in a competitive business environment. To ensure that your company name is not infringed or confused with other organizations in the same field, implementing company name protection procedures is a necessary step. Customers can protect their company name through two main forms: registering a trade name or trademark. The article below will provide detailed instructions on how to carry out this protection procedure.

The role of exclusive protection of company names

When performing the procedure for registering exclusive protection of company names, it will bring the following benefits:

• Protecting legal rights: Protecting a company name helps businesses establish legal ownership rights and prevent unauthorized use by third parties.
• Enhance brand protection: Protecting the company name helps maintain its image and avoid confusion with other businesses.
• Prevent legal disputes: When protected, businesses can easily resolve disputes related to the right to use the name.
• Ensuring rights in commercial use: Protecting the company name helps businesses use the name in transactions and advertising without worrying about infringement.
• Building trust with customers: Protected company names help customers identify and trust products and services.
• Increase the value of intellectual property: The protected company name becomes intellectual property, which can be transferred or licensed for use.

Conditions for a company name to be protected

A company name will be protected if it can be distinguished from other businesses in the same field and business area. According to Article 76 of the Law on Intellectual Property 2005, amended and supplemented in 2022, conditions for a company name to be protected include:

• Distinguishing ability: The company name must have a distinctive element so as not to cause confusion with other company names in the same industry and business area.
• No duplication: The company name must not be identical or too similar to a previously registered company name in the same field and business area.
• Do not infringe on trademarks or geographical indications: The company name must not be identical or similar to the point of causing confusion with a trademark or geographical indication that has previously been granted protection rights.

The method for the exclusive protection of company names

To register for exclusive protection of company names, you can do so through two main forms: registering a trade name or brand.

For trade names: According to the provisions of Clause 3, Article 10 of Decree 65/2023/ND-CP, industrial property rights to trade names are established when that trade name is legally used in practice, corresponding to the specific area and business field, without being required to carry out registration procedures.

For brands: Procedures for registration of protection will be carried out as follows:

Registration documents

To proceed with exclusive protection of company names as a trademark, customers need to prepare a full registration dossier as prescribed in Decree 65/2023/ND-CP. The registration dossier for exclusive brand protection includes:

• Trademark registration declaration (according to model number 08 in Appendix I);
• 05 brand samples measuring 8x8cm;
• List of goods/services requiring protection of rights;
• Regulations on use of trademarks (applicable to collective trademarks);
• Proof of payment of fees and charges;
• Power of attorney (if submitted through a representative).

Execution order

Customers can carry out procedures to protect the company name as a trademark through the following steps:

Step 1: Look up the trademark

Before submitting the application, the applicant needs to check whether the trademark intended to be registered is identical or similar to other trademarks to avoid wasting time and money.

Step 2: Prepare registration documents

The applicant prepares all documents as required by the competent authority.

Step 3: Pay registration fee and documents

Pay the registration fee and send documents to the competent authority or via postal service.

Step 4: Receive the decision to accept the application form

If the application is requested to be amended, the applicant needs to follow the instructions to edit and resubmit.

Step 5: Receive application publication in the Industrial Property Official Gazette

The registration application will be published publicly in the Industrial Property Official Gazette so that others can object if there are problems.

Step 6: Receive notice of intention to grant a protection certificate

The applicant receives notice of intention to grant a trademark protection certificate, and must pay registration and publication fees and the fee for granting a trademark registration certificate.

Step 7: Receive Trademark Registration Certificate

After completing the procedures, the applicant will receive an official trademark registration certificate.

Implementation time: from 12 – 14 months.

Support service for registration of exclusive protection of company name

To ensure that the company name registration process goes smoothly and in accordance with the law, customers can use our services. Our services include:

• Consulting on regulations and conditions for registering exclusive protection of company names;
• Assist customers in preparing necessary documents and records to register for protection;
• Representing customers to submit documents to competent agencies;
• Providing dispute resolution services related to ownership and use of company names when there is a violation.
• Guide and implement procedures for extending the company name protection rights upon expiration.
• Consulting on other relevant regulations and procedures.

Exclusive protection of company names is an important legal measure to help businesses protect their reputation and intellectual property. Customers can perform this procedure under a trade name or trademark, depending on the needs and purpose of use. If you have any questions or need assistance in protecting your company name, please contact Long Phan via the hotline 0906735386 for detailed advice.