What kinds of things can you trademark?

There are many things that you can use to represent your goods or services. These marks of your trade: “Trademarks” can either be conventional or unconventional.

Trademark opposition in Vietnam 

1.Conventional trademarks: Convention means generic means common means general. Following are the conventional trademarks:

a.A word

When a word is used as a trademark, it is called a Wordmark. For example, coca cola is a word mark. Any kind of word can be trademarked. However, the following words cannot be:

-Descriptive names

-Deceptive names

-Generic names

-Offensive names

b.A logo

A special design word or an image can be a logo. For example, while coca cola is a work mark registered as a trademark, Coca Cola, on the other hand, is a logo.

c.A symbol

Have you ever seen the symbol of Pepsi- a circle divided into by a twice curved line in between, with the upper half red and the lower half blue in colour? It is a symbol, and yes, it is trademarked.

d.Colour combination

You can also trademark a specific colour combination if you want.

e.A device can be trademarked

 Logos or symbols are basically devices that you can trademark.

2.Unconventional trademarks

Unconventional means uncommon means not generic. They are trademarks that are not common and were only recently introduced.

a.Sound pattern:

A specific pattern of sound can be trademarked. Windows theme, the one that is so familiar to you, is a trademarked theme.

b.Smell:

A specific smell can be trademarked as well. Most of the perfumes are trademarked.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora

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What is the complete procedure to apply for a trademark opposition? How can I apply myself?

A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

Trademark opposition in Vietnam

You can file a Trademark opposition against any Trademark application published in the Trademark Journal during the 3 months period when it is kept open for opposition from the general public.

You can file a Trademark opposition on your own if you have the knowledge of applicable laws, know under what provisions the Trademark needs to be opposed, can draft the opposition petition on your own and know what legal documents are required for the same.

Coming to the procedure of filing a Trademark opposition, a trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party.

A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

A trademark opposition is filed in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

Documents Required To File A Trademark Opposition

-The copy of Trademark to be opposed.

-The reason for opposition.

The Notice of Opposition i.e. the application opposing the mark published in the journal is drafted (it is suggested that you hire a lawyer for the same to avoid any omissions or errors). The Notice of Opposition is sent to the Registrar first, who will examine it and then send it to the applicant.

The Trademark applicant gets 2 months(1+1) to file a counter-statement against the opposition received.

ANT Lawyers -  Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora

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P2P Lending – The new Form of Credit Extension in Financial Technology Era

Peer to Peer Lending (P2P) has becoming more popular in many countries. This form first appeared in the UK since 2005, then succeeded in the US and China markets. By 2017, P2P lending businesses start to appear in Vietnam in different forms.

Technology start up lawyer in Vietnam

Three subject matters in P2P lending relation include: investor (or lender), intermediary company (P2P Lending Company) and borrower. P2P Lending utilizes digital technology platform connecting lenders and borrowers directly, cutting out the credit institution as the middleman. Accordingly, P2P Lending Company provides online services (website, app) that match lenders with borrowers. The idea is that, all borrowing, debt payment (principal and interest) between the borrowers and lenders are recorded and stored by the online transaction platform. This method is completely different from the traditional loan form by increasing the ability to successfully connect lenders and borrower through online platforms along with advanced financial technology systems.

The relationship between lenders and borrowers is civil relation, therefore, the lending or payment is based on the regulations of Vietnam Civil Code. According to P2P Lending Company, the nature of P2P Lending Company is a broker between lenders and borrowers through technology. However, under Article 8.2 of Law on Credit Institutions 2010: “Individuals and organizations which is not credit institutions are prohibited from conducting banking operations, excepting escrow, purchase and sale of securities by securities companies”. Therefore, it is challenging for stakeholders to clearly define the boundary services could extend under P2P mode without violation of the laws.

In a good term, P2P lending creates a new way for approaching the loans when borrowers are not satisfied for the conditions of conventional bank loans. The advantages of P2P lending in Vietnam are the simplification of procedures, fast approval for loans, easy online transaction, in comparison to borrowing from banks which requires a complex and strict examination process.. Since P2P Lending Company offers these services online, it is expected it can operate with lower overhead and provide the service at a cheaper price than traditional financial institutions. If applying appropriately, P2P lending could be a solution to minimize other illegal lending services in Vietnam.

The Vietnam government has assigned The State Bank to build a legal framework for credit extension activities under the form of P2P Lending to promote the positive aspects of this service. At ANT Lawyers, a law firm in Vietnam, with offices in Hanoi, Ho Chi Minh City and Da Nang, we have technology, IP and business lawyers whom are familiar with development of digital transformation in Vietnam that could bring new ways of doing business leveraging on high rate of Vietnam smartphone users to prove a better services to high tech start-up clients entering Vietnam market.

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What is trademark opposition?

A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

Trademark opposition in Vietnam

A trademark opposition is filed by a third in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

A reply to the Trademark opposition must be submitted within 2 months of receiving it. For a Trademark objection, there is no need to pay a fee to send a reply to the objection, but to reply to a Trademark opposition, the applicant needs to pay a prescribed fee with the Trademark Registrar.

In the case of Trademark opposition, an appeal lies against the judgment in an opposition proceeding against the application.

Documents Required To File A Trademark Opposition

The copy of Trademark to be opposed.

The reason for opposition.

Procedure To File A Trademark Opposition

Upon receiving the requisite documents, the Trademark lawyer will draft the Notice of Opposition i.e. the application opposing the mark published in the journal. The Notice of Opposition will be sent to the Registrar first, who will examine it and then send it to the applicant.

We ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

assist our clients in all steps of the prosecution phase of IP management.

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Why is intellectual property protection important to a company?

Intellectual property protection is critical to fostering innovation. While it is difficult to determine the exact scope and extent of the problem, every indication is that copyright piracy, trademark counterfeiting, and patent infringement have become significant problems in the business community in general, including small businesses.

Protect Intellectual Properties Rights in Vietnam

Any individual or a company investing in R&D, reaping new results would want to protect their product and reimburse when granted a patent on it. A similar kind of protection is available when it comes to Trademarks and Copyrights. Any company would want to protect their Trademark from being used by a competitor. Copyright protection is best suited to protect an individual’s work, say a software program or a newly created font by a company. I’m sure no company would want to give away their credits and brilliance to their competitors.

Also, it would be good for a company to protect their IP as there are “eyes and ears” that would want to know the know-how of a product which a company produces. It could be categorized as Trade Secret but if their is already a surface protection for a company’s IP, even if a competitor tries to get hold of any information, the ball is pretty much in a company’s court. Hence, protection of Intellectual Property is extremely important to a company, especially for the start-ups.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Related post: How important is intellectual property protection for a starup?

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Is a copyright like a trademark?

Copyright protects creative works. In modern law, copyright is automatic, but registering your copyright with the government may give additional benefits. Copyright includes the right to control who makes copies (thus the name), but also the right to make derivative works — new works that are not identical to the original, but are based on it.

Copyright in Vietnam 

Copyright lasts for the life of the author + 50 years or more, depending on country. If the author is a corporation, it lasts 50 years (again, or more, depending on country). In the US, these are life + 75 years and 95 years, respectively.

Copyright does not apply to individual words, names, titles, or short phrases; it’s considered that if these could be copyrighted, it would be too restrictive. Being able to keep anyone else from using a certain word, for example, could stifle speech to far too great a degree.

That’s where trademarks come in. A trademark is something that identifies a product, company, or brand in trade. You can trademark a word, name, title, or phrase… but trademark rights are much more limited than copyrights. First off, trademarks only apply in a limited field. For example, if I trademark “The Big Beef” for my hypothetical restaurant, I have to specify what areas I’m trademarking it in. Food services, of course, but I might also trademark it for apparel, if I’m planning on selling t-shirts with that on them.

Trademarks can also be geographically limited. That’s why there can be a “Joe’s Garage” in one town, and a different “Joe’s Garage” in another. Each can hold the trademark in the area where they engage in trade.

Engagement in trade is a big part of having a trademark. In the US, even if you register your trademark, if six years go by and you haven’t actually used it in trade, it lapses. If you do use it, your registration lasts for 10 years, but can be renewed as long as you keep using the mark.

So, trademarks can last longer than copyrights… but if you stop using them, then they go away fairly quickly.

Lastly, you can lose a trademark for failing to defend it. If other people use your trademark, and you don’t tell them to stop, you can be assumed to have given up the trademark. You can’t lose copyrights in this way.

Source:https://www.quora.com/Is-a-copyright-like-a-trademark/answer/Travis-Casey-4

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ANT Lawyers Participating in ASEAN Rail Infrastructure & Expansion 2019

In the year 2017, ANT Lawyers, a law firm in Vietnam has been participating in the event of GRS Rail Extension Summit and Thomas Giglione presented about Alternative Dispute Resolution in executing contracts. In the year of­ 2019, ASEAN Rail Infrastructure & Expansion 2019 will bring to Hanoi the most exclusive and influential railway gathering in ASEAN region on May 30th -31st, 2019.

Asia is seeing rapid growth and urbanization, and there is an increasing need to develop transport services to match. And rail is an increasingly viable option to meet the demand for both urban commuting as well as long distance travel. Throughout Southeast Asia, countries are making upgrades to increase freight and passenger rail capacity, extending and rehabilitating existing rail infrastructure, developing urban rail, and pursuing cross border rail and transport linkages.

Vietnam is a country with a relatively complete and early railway system in the Southeast Asia region. On 16 June 2017, the National Assembly of the Socialist Republic of Vietnam officially approved the Revised Railway Laws which supplements many preferential and breakthrough mechanisms and policies. This is the opportunity for Vietnam Railways to open a new page, the period of construction and development so that the railway sector can play its rightful role as the backbone of transport sector, contributing to the reduction of logistics expenses and enhancement of national competitiveness. At the same time, the Vietnamese Government is also planning to allocate a medium-term capital package of USD 350-450 million to Vietnam Railways in order to improve and upgrade the existing infrastructure network to increase railway interval capacity.

Event Highlight

➢ Forecast the Future Plans of the ASEAN Government in Rail Expansion

➢ Provide New Partnership Opportunities with Governments and Project Developers

➢ Feasibility of Rail Project Financing and Investment Opportunities

➢ Focus on Highly Technical Sessions on Track& Infrastructure Upgrades, Rolling Stock, Signals and Communications from Key Solution Providers

➢ Discuss Design and Construction Challenges for ASEAN Rail Projects from Leading Consultants and Engineers

At the event, among other speakers, Mr. Giglione, a Mediator and Mediation Trainer of ANT Lawyers shall be presenting about APEC’s New (O.D.R) Online Dispute Resolution Framework for Resolving Cross Border Construction Disputes. It is obvious that, any contracts would involve potential disputes. Court or arbitration litigation is always the last resort while resolving dispute through mediation could be utilized to encourage parties to maintain relationship and continue the business. Since 2012, ANT Lawyers has been promoting mediation to resolve.

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What is cybersecurity?

We depend on technology heavily, which also translates to a rise in online hackers. The bigger the corporation is, the higher the risk of cyber attacks. This is when cybersecurity comes into the picture.

Cybersecurity law in Vietnam

What is cybersecurity: Cybersecurity is the condition of being guarded against criminal and illegal activities that comprise of activities related to computer, information technology, and virtual reality. It also means the measures taken to acquire this condition. One must know the risks, threats, and consequences of cyber attacks.

- Who are the attackers: The attacker could be an external source like a hacker who gets into the system and steals files. The imposter could even be someone from the company itself, like an employee who has an access to confidential information.

- How are the attacks carried out: The attackers through viruses or botnets invade systems. It is even done by using a USB drive or clicking on an unknown link.

- When is the attack carried out: Cyber attacks mostly occur when your systems or the internal staff are vulnerable. There is no specific vulnerability and the attack can occur at any time.

- Which area is hit: Cyberspace is a limitless stretch so the attack can occur in any area.

- Why do these attacks occur: The external agents strike to leak or held captive crucial company data for earning ransom. And the internal sources like the employees do it for competitors in exchange for money. Some even do it as a revenge due to past unpleasant experiences.

- How to tackle cyber attacks: There are three ways of securing your website:

1) SSL Certificate: This certificate validates your website's identity and encrypts the information visitors send or receive from your site.

2) CodeGuard: It is a service that does an automatic backup of your website.

3) SiteLock: It scans your website for any threat and when it is detected, it works effectively to repair it. Also, you would be instantly notified about any attack.

Source : Quora - Jenny Webber, Web hosting expert

ANT Lawyers, a Law Firm Vietnam with International Standard

As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegiate and team-based way of working.  ANT Lawyers is a member of Vietnam Bar Federation, Hanoi Bar Association, an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.  

Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529 

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Handing Trademark Infringement in Vietnam

Counterfeit destroys businesses, business environments, markets as well as the image of the country. Handling trademark infringement in Vietnam has been practically challenging.

Vietnam government has been trying to curb the counterfeits however the results are limited.  The counterfeit business generates huge profits due to the gap price anywhere in the world.   Almost goods which is either popular or luxury, high or low-value of either domestic or foreign brands are being counterfeited, imitated in Vietnam.  Falsification of household goods, food, cosmetics, shoes and items of higher value such as bags, watches, glasses, etc may be found all over Vietnam. For effective anti-counterfeit, we need a close cooperation among the authority agencies in inspection, control of production, import and circulation in the market.  The Southern Department of Goods Quality Control in Vietnam in one of its regular inspections when cooperating with competent agencies in Ho Chi Minh City found after checking 79 stores with 416 items including: oil, helmets, toys, electronic devices that 33.89% of goods of unsatisfactorily labeled, 14.5% unsatisfactory quality. Where the consumers buy counterfeit goods, they could and should report to State authorities, Anti-Counterfeit and Brand Protection Association as an effort to contribute to curbing counterfeit in Vietnam.  The international brands being infringed could request assistance from local law firms in Vietnam.

ANT Lawyers’ Intellectual Property lawyers in Vietnam have assisted a number of clients being foreign brands in its effort to protect their intellectual property and industrial property rights in Vietnam under Intellectual Property Law through advisory, and implementation service.

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Handling Labour Matters in Post M&A Transaction

While undertaking M&A transaction, the buyer may face legal risks regarding license, assets, compliance, including labor matters. One of the challenges of the buyer post M&A is the integration of the labour force into the new structure while ensuring rights and interests of their existing employee complying with the laws.

When negotiating a deal, the buyer and target company may try to retain the advantage combining the strengths of both side. However, it’s challenging to just merely add personnel of the existing of departments with same functions together and group them under i.e. administration departments, sales department, accounting department…Further, one of the benefits of M&A is to improve the effectiveness of the operation through managing the similar scale of the combined business with less resources. Therefore, the re-arrangement of personnel is required and therefore conflicts will have to be managed between employees and employer.

Pursuant to Article 45 of Labor Code: in case of merging, consolidating, splitting or separating an enterprise, the successive employer shall continue employing the existing workforce and modify and supplement their labor contracts; if the existing workforce cannot be fully employed, the successive employer shall prepare a suitable labour plan and implement a labor utilization plan. In case of transferring asset ownership or use rights of an enterprise, the preceding employer shall have to prepare a labor utilization plan.

The labor utilization plan shall have the following contents: the lists and numbers of workforce to be continued employment and workforce to be re-trained for continued employment; the list and number of employees to be retired; the lists and numbers of employees to be assigned part-time jobs and those to terminate their labor contracts; measures and financial sources for implementing the plan. This is responsibility of the employer when the business arise change which greatly affects employee.

Regarding dismissed employee, the employer shall pay a job-loss allowance to the employee who has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month of salary for each working year, but must not be lower than 2 months of salary. The working period used for the calculation of job-loss allowance is the total time during which the employee actually works for the employer minus the time during which the employee benefits from unemployment insurance in accordance with the Law of Social Insurance and the working period for which the employer has paid a severance allowance to the employee.

It is important that the seller to retain M&A law firm to assist with the post M&A process to ensure the labour compliance is followed during the integration of labour resources.

If you need some help finding a Law firm in Vietnam, check out our website at ANT Lawyers.vn. As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegiate and team-based way of working.  ANT Lawyers is a member of Vietnam Bar Federation, Hanoi Bar Association, an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries. 

Let ANT Lawyers help your business in Vietnam.

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