TOP 10 TRADEMARK REGISTRATION PITFALLS IN VIETNAM AND HOW TO STEER CLEAR OF COSTLY ERRORS

Here are some common mistakes when registering a trademark in Vietnam and how to avoid them:

1. Not Conducting a Preliminary Search

Mistake: Many businesses skip the step of conducting a thorough trademark search to ensure the mark is not already registered or too similar to existing ones.

How to avoid: Always conduct a detailed search through the Vietnam National Office of Intellectual Property (NOIP) or use trademark databases. This can help you identify conflicts and avoid potential rejections.

2. Choosing a Descriptive or Generic Trademark

Mistake: Some companies choose trademarks that are too descriptive of their goods or services, making it difficult to register, as descriptive terms lack distinctiveness.

How to avoid: Opt for trademarks that are unique, creative, or arbitrary, which can more easily qualify for protection and set your brand apart from competitors.

3. Incorrect Classification of Goods/Services

Mistake: Filing a trademark under the wrong class or not including all relevant goods/services can limit your protection or lead to costly amendments.

How to avoid: Carefully review the Nice Classification system and seek professional guidance to ensure all products and services are accurately classified.

4. Failure to Prove Distinctiveness

Mistake: A lack of distinctiveness can lead to trademark rejection. A mark that is too similar to an existing one may be considered confusing to consumers.

How to avoid: Ensure your trademark is unique and distinctive. If necessary, gather evidence of acquired distinctiveness through use, such as advertising campaigns or market presence.

5. Not Monitoring the Trademark Application

Mistake: After filing, many businesses fail to monitor the application process, missing important communications or deadlines from the NOIP.

How to avoid: Regularly check the status of your application and respond promptly to any queries or objections raised by the authorities.

6. Ignoring Oppositions from Third Parties

Mistake: Some businesses overlook opposition proceedings, where a third party challenges the trademark application during the publication phase.

How to avoid: Stay vigilant during the opposition period and be prepared to defend your application with proper legal arguments or negotiate a resolution if necessary.

7. Not Renewing the Trademark

Mistake: Trademarks in Vietnam must be renewed every 10 years. Failing to renew on time can lead to the loss of protection.

How to avoid: Keep track of renewal deadlines and set reminders well in advance. You can renew your trademark up to 6 months before it expires.

8. Failure to Use the Trademark

Mistake: Under Vietnamese law, if a trademark is not used within five years from the registration date, it can be subject to cancellation.

How to avoid: Ensure your trademark is used in commerce, and maintain records of usage, such as sales invoices, advertisements, and product labeling, to prove its active use.

9. Overlooking International Registration

Mistake: Some companies focus only on registering the trademark in Vietnam, neglecting other markets where they plan to expand.

How to avoid: Consider international trademark registration, either through the Madrid Protocol or by filing directly in other countries where your business will operate.

10. Inadequate Legal Support

Mistake: Many businesses attempt to handle trademark registration without professional assistance, leading to errors or rejections.

How to avoid: Engage with a trademark attorney or intellectual property firm that understands Vietnam’s regulations and can guide you through the process smoothly.

In conclusion, navigating the complexities of trademark registration and intellectual property protection can be challenging. Our experienced team is here to guide you through every step of the process, ensuring your brand and innovations are fully protected. Don’t leave your valuable assets vulnerable—contact us via email: ip@anlis.vn or via Mobile/Viber/Whatsapp: +84-366 469 436 and let us provide the expert support you need for successful IP management.

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