There are four different types of marks: trademarks, service marks, collective marks, and certification marks (for convenience, all four will be referred generally as “marks” or “trademarks”). Mostly, the law governing these types of marks is the same. In Vietnam, exclusive rights in a mark may be acquired only through registration, except in the case of well-known marks. The principle of first-to-file is applied. For a successful application for registration of a trademark, it is possible to obtain a registration within about 12 months from the filing date. The registration is effected on the granting date and expires after 10 years from the filing date, and is renewable indefinitely for periods of 10 years. A mark shall be removed from the Register if its owner has, without legitimate reasons, failed to use the mark within 05 consecutive years before the allegation of non-use.

Lê & Lê has conducted, prosecuted thousands of trademark searches and trademark applications for its clients in both Vietnam and abroad.

Our firm has successfully represented trademark owners in numerous landmark cases related to internationally famous marks such as “Budweiser”, “Superman”, before the NOIP's Board of Appeals. Recent and important enforcement cases include Sunkist Growers Inc. vs. Vietnam Beverage Company, Bottger GmbH vs. Quoc Huy, Khang Hung, et al.

Recently, Lê & Lê has successfully registered the trademark “VNPT & Device” in the United States basing on the home trademark registration for Vietnam Post & Telecommunication (VNPT), after asking an US company to withdraw its 07 applications for similar trademarks that had been filed with the US Patent and Trademark Office.

Under the unfair competition legislation, protection for a sign against confusion is available if the sign has sufficient distinctiveness (inherent or obtained through use). The firm has successfully represented its clients in claiming infringement of unregistered marks, business slogans, trade dresses in many cases before the NOIP.

The firm can obtain, maintain a domain name registration, and can also, basing on the trademark and unfair competition legislation, remove infringing domain names from use over the Internet.

Articles:

• Lê & Lê, New guidelines on criminal actions for infringement of IP rights, World Trademark Law Report (01/05/2008)
• Lê & Lê, Draft circular on industrial property assessments issued, World Trademark Law Report (29/02/2008)
• Lê & Lê, KINGMAX owner loses its crown, World Trademark Law Report (13/12/2007)
• Lê & Lê, ABBA application meets its Waterloo on appeal, World Trademark Law Report (07/09/2007)
• Lê & Lê, Guidelines for the People's Court in trademark matters to be revealed, World Trademark Law Report (30/03/2007)
• Lê & Lê, New circular for industrial property guidelines drafted, World Trademark Law Report (06/02/2007)
• Lê & Lê, New decree on handling IP administrative violations in force, World Trademark Law Report (28/11/2006)
• Lê & Lê, New law on IP rights enforcement implemented, World Trademark Law Report (27/10/2006)
• Lê & Lê, Madrid Protocol to come into force in Vietnam, World Trademark Law Report (26/05/2006)
• Lê & Lê,New law provides administrative enforcement remedies, World Trademark Law Report (27/02/2006)
• Lê & Lê, Vietnam adopts new Intellectual Property Law, World Trademark Law Report (05/12/2005)
• Lê & Lê, New Commercial Law will regulate franchising for the first time, World Trademark Law Report (23/09/2005)
• Lê & Lê, Vietnam drafts IP Law, World Trademark Law Report (14/06/2005)
• Lê & Lê, Vietnam introduces new official fees for trademark protection, World Trademark Law Report (16/03/2005)
• Dieu Ngoc Tuan, Protection of famous trademark in Vietnam: needs legal grounds completion, Business Forum Review
• Dieu Ngoc Tuan, International trademark registration designating EU under the CTM, Business Forum Review (09/04/2005)
• Lê & Lê, Registrations under '.vn' ccTLD now available, World Trademark Law Report (27/01/2005)
• Lê & Lê, Harsher punishments planned for industrial property violations, World Trademark Law Report (21/01/2005)
• Lê & Lê, SUPERMAN rescued from the clutches of construction firm, World Trademark Law Report (02/11/2004
• Lê & Lê, Vietnam sets up voluntary association to combat counterfeiting, World Trademark Law Report (12/07/2004)
• Lê & Lê, New decree widens protection afforded to trade names, World Trademark Law Report (18/05/2004)
• Lê & Lê, Madrid Protocol to come into force in Vietnam, World Trademark Law Report (2/05/2006)
• Le Hoai Duong, Trademark Protection in Vietnam, World Trademark Law Report, Yearbook 2005
• Le Hoai Duong, SUPERMAN rescued from the clutches of construction firm, World Trademark Law Report (11/2004)
• Le Hoai Duong, Assessment of the likelihood of confusion among trademarks, People’s Court Review (Volume no. 2, January 2004)
• Le Hoai Duong, Comments on the accessment of likelihood of confusion among “Truong Sinh” trademark of Vietnam Foremost Company and Truong Sinh Company Limited, People’s Court Review (Volume no. 2, January 2004)
• Le & Le, Science Ministry's authority over trademarks partly reinstated, World Trademark Law Report (March 2004)
• Le Hoai Duong, Protection of trademark in Vietnam (Volume no. 10, 2003)
• Le Hoai Duong, SEA HORSE device mark survives rough ride to registration, World Trademark Law Report (September 2003)