About Trademark Law in Da Nang, Vietnam
The world of trademark law ensures the protection of a company's branding, symbols, name, and logos from misappropriation. In Da Nang, Vietnam, Trademark Law follows the Intellectual Property Laws, enforced by the Ministry of Science and Technology. It offers protection for registered trademarks for an initial 10 years, renewable indefinitely for successive 10 year periods.
Why You May Need a Lawyer
Engaging a lawyer is crucial in various situations such as the registration of a new trademark, dealing with trademark infringement cases, contract drafting for the use of trademarks, or in the renewal of your trademark rights. Lawyers can also provide a comprehensive approach in maintaining or defending a trademark portfolio and help guide in the strategic use of trademarks in businesses.
Local Laws Overview
Local laws in Da Nang follow the national Intellectual Property Laws of Vietnam. Any sign used to differentiate goods and services of different organizations can be registered as a trademark, including letters, words, pictures, figures, three-dimensional figures or a combination of these. The Vietnam National Office of Intellectual Property is responsible for the registration and protection of trademarks. Unregistered trademarks can also be protected under the Law on Competition and Civil Code.
Frequently Asked Questions
1. How long does it take to register a trademark in Da Nang, Vietnam?
Registration takes approximately 12 to 18 months from the date of filing till the issuance of a certificate of registration.
2. Does Vietnam follow the first-to-file or first-to-use system?
Vietnam follows a 'first-to-file' system, meaning the rights to a trademark are granted to the first person to file an application for the trademark, regardless of its use.
3. Can a registered trademark be revoked?
Yes, a registered trademark can be revoked if it hasn't been used for consecutive 5 years without a valid reason.
4. What are the penalties for trademark infringement in Vietnam?
Penalties can include administrative fines, damages in civil proceeding and in serious cases, imprisonment. The amount of fine and imprisonment period varies depending on the severity and implications of the violation.
5. Can foreign trademarks be registered in Vietnam?
Yes, foreign trademarks can be registered in Vietnam, provided the necessary documents and processes are followed as per the Vietnamese law.
Additional Resources
The National Office of Intellectual Property of Vietnam and the Ministry of Science and Technology are major resources. For further insights into the legal documents, consult the Vietnam Intellectual Property Law, Law on Competition and Civil Code.
Next Steps
If you believe you need legal assistance, the first step should be contacting a reputable lawyer specializing in Trademark Law. They can help you understand your legal rights, guide you through the application or defence process, and support you in managing the legal risks associated with trademarks.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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