What is a trademark? Why do businesses need trademark protection?

What is a trademark? A trademark is a unique identification sign that helps distinguish the products or services of one business from those of other businesses on the market. Trademark protection not only helps businesses protect their legal rights but also prevents trademark infringement, counterfeiting, or copying. The article below will explain why businesses need to register to protect their trademarks.

What is a trademark?

According to Article 4 of the Law on Intellectual Property 2005, a trademark is a sign used to distinguish goods or services of different organizations and individuals. This helps consumers easily identify and choose suitable products and services. Trademarks can be words, images, symbols, holograms or a combination of these elements. Registering a trademark helps businesses protect their rights, ownership, and avoid legal disputes over the right to use the trademark.

Right to register trademarks

According to Article 87 of the Law on Intellectual Property 2005, amended and supplemented in 2022, regulations on trademark registration rights are as follows;

• Organizations and individuals have the right to register trademarks for goods or services they produce or provide.
• Legal business organizations and individuals can register trademarks for products manufactured by others, provided there is no objection from the manufacturer.
• Collective organizations have the right to register collective trademarks for their members and signs indicating geographical origin, but must obtain permission from state agencies.
• Quality certification organizations have the right to register certification marks, but are not allowed to sell that product.
• Two or more organizations or individuals can co-own a trademark if they use a common trademark and do not cause confusion for consumers.
• Registration rights may be transferred by contract, inheritance, or succession, provided registration requirements are met.
• If the trademark is already protected in another country, the representative or agent cannot register it without the owner’s consent.

Conditions for a trademark registration

According to the provisions of Article 72 of the Law on Intellectual Property 2005, amended and supplemented in 2022. Trademarks are only protected when the following conditions are fully met:

• A visible sign in the form of letters, words, drawings, images, holograms or combinations of these elements, which may be represented by one or more colors. In addition, a sound mark can also be protected if it is presented in graphic form.
• A trademark must be able to clearly distinguish the owner’s goods and services from those of other organizations and individuals.

Reasons why businesses should register for trademark protection in

Businesses need to protect their trademarks to avoid legal risks, protect their exclusivity in using the trademark and avoid being exploited by competitors. Registering trademark protection will bring the following benefits:

• Protect legal rights: Registering a trademark helps businesses have legal ownership of the trademark, preventing infringement or copying by competitors.
• Enhance brand value: A protected trademark will increase brand value, helping to enhance recognition and reputation among customers.
• Prevent copying and imitation of goods: Trademark protection helps businesses prevent copying, imitating or taking advantage of their trademarks for illegal business.
• Fair competition in the market: Having a protected trademark helps businesses maintain exclusive use rights, thereby competing fairly in the market.
• Increase business opportunities: Being granted trademark ownership will help businesses sign franchise contracts, license or transfer trademarks to other parties.
• Building trust with customers: Protective trademarks help customers feel secure when purchasing, thereby building trust and loyalty from customers.
• Protecting business interests in the long term: Registering trademark protection helps businesses protect long-term interests, avoid legal risks and loss of ownership if a dispute occurs.

Instructions for registering comprehensive trademark protection at Long Phan

At Long Phan, we support customers with comprehensive trademark protection registration services. Our services include:

• Consulting on detailed regulations on the process, legal requirements and benefits when registering trademark protection for businesses.
• Support for searching information at the National Office of Intellectual Property and checking the feasibility of trademarks.
• Representing customers to submit documents to competent agencies.
• Providing trademark protection services throughout the protection period as prescribed by law.
• Providing services to resolve disputes over trademark ownership or when someone else infringes a business’s trademark.

Registering trademark protection is an important step for businesses to protect intellectual property and maintain competition in the market. If you need advice or support for a trademark registration, please contact Long Phan immediately via the hotline 0906735386 to receive professional and complete support.