Subject has right to register protection marks

03/07/2021 15:04

I. Basis legal
- Law on intellectual property 2005, law amending and supplementing a number of articles of the law on intellectual property 2009
- Decree no. 103/2006/ ND-CP detailing and guiding the implementation of a number of articles of the law on intellectual property regarding industrial property
- Decree no. 122/2010/ND-CP amending and supplementing a number of articles of the government's decree no. 103/ 2006/ND-CP of september 22, 2006, detailing and guiding a number of articles of the law on intellectual property regarding industrial property
- Circular no. 01/2007/TT-BKHCN guiding the implementation of the governments decree no. 103/2006/ nd-cp of september 22, 2006, detailing and guiding the implementation of a number of articles of the law on intellectual property regarding industrial property
- Circular no. 18/2011/TT-BKHCN amending and supplementing some provisions of the circular no. 01/2007/tt-bkhcn, of february 14, 2007, being amended and supplemented by the circular no. 13/2010/tt-bkhcn, of july 7, 31, 2010 and the circular no. 01/2008/tt-bkhcn, of february 25, 2008, being amended and supplemented by the circular no. 04/2009/tt-bkhcn, of march 27, 2009
II. Content
Base on article 87 Law on intellectual property 2005, subject has right to register protection marks including:

          1. Organizations and individuals shall have the right to register marks to be used for goods such organizations or individuals produce or for services such organizations or individuals provide.
2. Any organization or individual lawfully engaged in commercial activities shall have the right to register a mark for a product which the latter puts onto the market but which was manufactured by others, provided that the manufacturer does not use such mark for a product and does not object to such registration.
          3. Lawfully established collective organizations shall have the right to register collective marks to be used by the members of the collective organization pursuant to the regulations of the collective organization on use of collective marks. For signs indicating geographical origins of goods or services, an organization with the right to register means a local collective organization of [other] organizations or individuals engaged in production or trading in the relevant locality.
        4. Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that such organizations are not engaged in production or trading of such goods or services.
          5. Two or more organizations or individuals shall have the right to jointly register a mark in order to become its co-owners on the following conditions:
(a) Such mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;
(b) The use of such mark does not cause confusion to consumers as to the origin of goods or services.
          6. Persons with the registration right stipulated in clauses 1, 2, 3, 4 and 5 of this article, including those who have already filed registration applications, may assign the registration right to other organizations or individuals by a written contract, bequest or inheritance in accordance with law, provided that the assignee satisfies the conditions applicable to persons with the registration right.
          7. For a mark protected in a country being a contracting party to a treaty of which the Socialist Republic of Vietnam is a member, which treaty prohibits the representative or agent of a mark owner from registering such mark, the representative or agent shall not be permitted to register such mark without agreement from the mark owner unless there is a justifiable reason.

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