Question:

Is trademark registration commandary? Benefits of trademark registration?

Answer:

According to Vietnam law on intellectual property, registering a trademark is not an obligation of organization/individual using that trademark.

Registering or not is such organization/individual’s right.

However, trademark registration is necessary and is the foundation of establishing property right to the trademark. Referring to clause 3, Article 6, the IP Law: right to a trademark (except for well-known trademarks) is established on the ground that such trademark has already been registered in Vietnam through a decision of issuing Registration certificate (or decision of accepting international registration certificate issued by the NOIP). Person who get the registration certificate from the NOIP is the owner of the registered trademark and can enjoy the right to the trademark in the scope and period of protection stipulated in the Trade mark registration certificate. In case there is a dispute surrounding such trademark, its owner may use his/her certificate as the one and only proof of his/her right.

Organizations, individuals owning the trademark certificate can exclusively use their trademarks on registered goods and services. Such certificates are the legal basis for the owner to exploite trade benefits of registered marks and prevent trademark violation from others.

If a trademark (except for the well-known trademarks) is not registered, its user will not be recognized as the owner that has the exclusive right to the trademark eventhough he/she is the first one using such trademark. A person using an un-registered trademark is the one who has not created property right to such trademark. As a result, he/she may lose such right if there is someone else registers such trademark for his/her goods and services.