What is a famous trademark? Criteria for evaluating this type of trademark

Article overview

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.

Famous trademark today
Famous trademark today

What is a famous trademark?

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.

The basis for establishing the right to protect well-known trademarks

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:

  • The number of consumers who know the brand through the use of branded goods and services or through advertising activities.
  • The scope of territory in which goods and services bearing the trademark have been circulated.
  • Sales from the sale of goods or services bearing the mark, or the quantity of goods and services provided.
  • Period of continuous use of the mark.
  • Wide reputation of goods and services bearing the mark.
  • Number of countries protecting trademarks.
  • Transfer value or investment value of the trademark.

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.

 How are famous trademarks regulated?
How are famous trademarks regulated?

Term of protection of famous trademarks

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.

Full package trademark registration service at Long Phan

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.

Scope of services we provide

  • Consulting on regulations on protectability and trademark analysis according to legal regulations.
  • Analyze the ability to meet famous brand criteria, and evaluate the brand’s popularity, scope of operation, and reputation.
  • Support in preparing full dossiers for trademark protection registration of all types, including supporting documents and necessary evidence.
  • Monitor and supervise the progress of handling and representing you in disputes and issues that arise.
  • Consulting on strategies for managing and protecting trademarks after protection, supporting maintaining and protecting trademark rights after being protected.
  • Consulting to resolve when a dispute occurs.

Benefits when using our services

  • In-depth and accurate consulting: A team of experienced consultants, providing appropriate legal solutions.
  • Save time and costs: Ensure a quick and efficient registration process.
  • Legal transaction representative: Work with authorities on your behalf and handle disputes.
  • Ensuring the highest legal rights: Strictly comply with legal regulations, and maximum protection of trademark rights.
  • Long-term and continuous support: Consulting and support services after registration, maintaining trademark protection.
Trademark registration consulting services
Trademark registration consulting services

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.