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Famous trademark is a trademark widely known to the relevant public in Vietnam and the world. According to the Law on Intellectual Property, this trademark is protected without registration, based on actual and common use. Recognition as a famous trademark provides many benefits to the owner, including increased brand value, protection against infringement, and strengthened market position.
A famous trademark is a special type of trademark, protected under the Law on Intellectual Property without having to go through normal registration procedures. According to Clause 20, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022, a trademark is considered famous when it is widely known to the relevant public in the territory of Vietnam, through actual use during the distribution of goods and services.
A famous trademark is often recognized based on its popularity and visibility in the market. Trademarks can include distinctive signs such as letters, words, drawings, symbols, or a combination of the above elements. What is important is the ability of a famous trademark to distinguish the owner’s goods and services from other competitors in the market.
Famous trademarks are not only limited to the territory of Vietnam but can also have value around the world, demonstrated through recognition in many different countries. Evaluating a famous brand is based on many strict criteria that we will learn about in the next section.
Ownership of a famous trademark is established on the basis of actual use and does not require registration procedures. This means that as long as the trademark has been widely used and achieved a certain level of popularity, its industrial property rights will be automatically recognized without the need to file an application for registration at the Intellectual Property Office.
The criteria to determine whether a trademark is famous or not include:
This regulation shows that a famous trademark can be recognized when it achieves objective elements without depending on the implementation of normal legal procedures. This helps save time and costs for large businesses, while affirming the value and position of the brand in the market.
CSPL: Clause 2, Article 10 of Decree 65/2023/ND-CP and Article 75 of the Law on Intellectual Property 2005, amended and supplemented in 2022.
Famous trademarks have no limit on the duration of protection. Ownership of the mark is protected indefinitely, as long as the mark continues to be used and its reputation is maintained. This is completely different from a normal trademark, which is only valid for 10 years from the date of issuance of the certificate and can be renewed many times, for 10 years each, according to the provisions of Clause 6, Article 93 of the Law on Intellectual Property 2005, amended and supplemented 2022.
This feature of famous trademarks provides long-term protection to publicly recognized trademarks, ensuring that the owner is not limited in the duration of protection as long as he or she remains in operation and the popularity of the brand in the market.
Long Phan provides a comprehensive trademark registration service, supporting customers in all legal procedures related to trademarks, including consulting and registering famous trademark protection in Vietnam.
Registering trademark protection not only helps customers protect their rights but also brings many practical benefits to your brand. Having a protected trademark will create a clear competitive advantage in the market, helping to increase brand recognition and reputation in the eyes of customers. Please contact Long Phan immediately via the hotline 0906735386 for advice and use of comprehensive trademark protection registration services, and to help you save time and costs.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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