Senior partner Le Quang Vinh invited as speaker at the 2019 annual roundtable between the NOIP and the association’s industrial property practitioners (VIPA) for the purpose of removing the hurdles arising from the procedures for establishment, cancellation, invalidation of validity of trademark

Email: vinh@bross.vn

Purpose of the roundtable

On the morning of December 16, 2019 in Hall B, Building B of the National Office of Intellectual Property of Vietnam (NOIP), the Vietnam Intellectual Property Association (VIPA) and NOIP jointly organized the annual roundtable on activities of industrial property representation to get rid of obstacles arisen from the procedure for establishment, cancellation and invalidation of validity of trademark in Vietnam. This is an annual activity between the VIPA and NOIP dedicated to IP practitioners to discuss and improve the quality of IP representation.

The roundtable included the attendance of nearly 200 people, including the NOIP leaders, legal department, enforcement and complaint resolution department, center for trademark examination and dozens of IP agents.

Contents presented and discussed at the roundtable

The seminar took place from 8:00 AM and ended at 12:00 PM focusing on listening to speakers presenting 6 topics before the discussion, namely:

1.         Topic 1 presents three issues: (a) registration of a trademark containing a “geographical name” irrelevant to the designated goods or services; (b) applied-for trademark is refused because it is confusingly similar to earlier trademark whose validity is expired not more than 5 years; and (c) a legal basis for rejection or opposition against an application for registration of a trademark, and cancellation of a certificate issued based on a motivation of dishonesty and evidence of proving that dishonest act (bad faith).

2.         Topic 2 presented by senior partner Le Quang Vinh - Bross & Partners on the issue “trademark disclaimer” (“không bảo hộ riêng”) applied in trademark protection practices in Vietnam and the United States, some inadequacies and several suggestions to improve the disclaimer rule in Vietnam

3.         Topic 3 contained the multiple sub-topic regarding general provisions on rejection made during the NOIP’s substantive examination process consisting of 5 presentations: (a) some issues with respect to the determination of a sign is deemed as descriptive of goods or services and sign that is considered as misleading or deceptive; (b) refusal of trademark by dividing its components; (c) refusing to register a trademark that is assumed to have weak distinctiveness; (d) a number of issues that need to be considered in terms of rejection of trademark that is descriptive of goods and services; (e) determine the protectability of an applied-for mark after the cited trademark had been invalidated on the ground of 5 years of non-use.

4.         Topic 4 generalised the inadequacies related to international registration of trademark in Vietnam

5.         Topic 5 presented the regulations on the use of a registered trademark in Vietnam - current situation and recommendations

6.         Topic 6 talked about a number of other issues that need to be resolved in the process of processing applications as submitted with the NOIP

Some pictures taken from the roundtable

Should you have specific needs, please contact: vinh@bross.vn; cellphone 84-903 287 057, 84-4-3555 3466; Wechat: wxid_56evtn82p2vf22; Skype: vinh.bross.

Bross & Partners, a renowned and qualified Patent, Design, Trademark and Copyright agent of Vietnam, constantly ranked and recommended by the Managing Intellectual Property (MIP), World Trademark Review (WTR), Legal 500 Asia Pacific, AsiaLaw Profiles, Asia IP and Asian Legal Business, is providing clients all over the world with the reliable, affordable contentious and non-contentious IP services including enforcement, anti-counterfeiting,  litigation regarding trademark, trade name, industrial design, patent, copyright and domain name.