TRADE NAME AND TRADEMARK – RESOLVE THE DISPUTE LEGAL PROCEEDS FOR THE BUSINESS OWNERS IN VIETNAM

Losing a trademark can lead to a market access failure. Products that are legitimately manufactured by the authorized trademark owner can be mistakenly considered as “fakes” if the trademark is obtained by a theft.
1. Definitions and difference between trade name and trademark
Trademarks and trade names are two subject matters protectable under Vietnam’s IP Law, yet their protection mechanisms differ significantly.
+ Trade mark:
In Vietnam, trademarks are protected through the issuance of protection titles by IP VIETNAM. This means that the mark owner’s rights are established only upon a successful registration, except in the case of a well-known mark.
While a trade name enjoys swift and uncomplicated protection without the need for formal registration, a trademark has to go through a 2-3 year examination process from filing to be mature into registration in Vietnam. Certain parties exploit and misuse this mechanism for establishing trade name rights by expediently setting up companies with names identical or remarkably similar to registered trademarks. Consequently, they assert ownership and use the name in commercial activities, which frequently results in disputes over intellectual property rights with the legitimate trademark holder.
+ Tradename:
Trade names enjoy protection without the need for filing or formal registration. The law grants automatic protection to a trade name without any additional registration obligations. To establish the right to a trade name, it only needs to satisfy three requirements: (i) it is not identical/confusingly similar to the prior trademarks and trade names, (ii) it has a proper name, and (iii) it have actively used it in legitimate commercial activities.
2. Ways to dispute resolution between trade name and trademark
– Using IP Law and Competition Law to prove the unfair competition
– Using Enterprise Law to prove the unfair competition
3. Conclusion
Resolving disputes related to trade names and trademarks through legal proceedings is essential for business owners in Vietnam. Protecting their intellectual property rights is crucial for maintaining their market position and preventing unfair competition. By following the proper legal procedures outlined in Vietnamese laws and regulations, business owners can assert their rights and seek remedies against infringing parties.

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Harley Miller Law Firm “HMLF”
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