There are no provisions regarding protection of three-dimensional trademarks under the laws of Vietnam.

But in practice, a three-dimensional trademark can be registrable if it can perform a source-indicating purpose and meet the distinctive requirements as a trademark.

Are well-known trademarks protected in Vietnam?

     A well-known trademark is defined as mark widely known to consumers throughout the territory of Vietnam and, as a party to the Paris Convention, Vietnam is obligated to give a special protection to well-known trademarks.

What are the criteria to be taken into account while considering well-known status of a mark?

The number of the related consumers who are aware of the mark through purchase or use of the goods or services bearing the mark or through advertising;

Territorial scope of circulation of the goods/services bearing the mark;

Turn-over of the sale or supply of the goods or services bearing the mark or the volume of the goods sold or the services supplied;

The period of continuous use of the mark;

Widespread goodwill of the goods/services bearing the mark;

Number of the countries granting protection to the mark;

Number of the countries recognizing the mark as well known;

Value of assignment, licensing price, or the value of investment capital contribution in respect of the mark.

What cannot be protected as a trademark?

Signs identical with or confusingly similar to the national flags, national emblems;

Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviations, full names of State agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations or socio-professional organizations of Vietnam or international organizations, unless permitted by such agencies or organizations;

Signs identical with or confusingly similar to real names, alias, pen names or images of leaders, national heroes or famous persons of Vietnam or foreign countries;

Signs identical with or confusingly similar to certification seals, control seals, warranty seals of international organizations which require that their signs must not be used, except where such seals are registered as certification marks by those organizations;

Signs liable to mislead, confuse or deceive consumers as to the origin, functional parameters, intended purposes, quality, value or other characteristics of the goods or services.

Who may file the application for trademark?

Natural or legal persons or other entities legally engaged in production and/or services;

As for collective marks, an applicant is the natural or legal person representing the collective of such natural or legal persons who abide by a common regime for the use of collective mark.

Is a multi-class trademark application accepted in Vietnam?

     Yes. It is possible to file an application for one trademark covering more than one class of goods/services with payment of additional fees for each additional class.

How are goods classified in Vietnam?

     The International classification of goods/services is currently applied in Vietnam. The specification of goods/services of an application should include those goods/services upon which the mark is used or there is a present bone fide intention to use the mark.

Those goods/services must be described in sufficient detail. The indication of goods/services is preferably correlative or equivalent to the basis number of the 9th edition of the Nice classification.

Is it possible to amend the trademark itself and the designated goods/services under the pending application?

     Yes. The applicant may amend the trademark itself and/or the designated goods/services under the pending application, provided that such amendments will not change the nature of the mark as filed and/or not broaden the scope of protection of the designated goods/services.

When do trademarks possess no distinctive characteristic get protection?

     As stipulated by law, marks which do not possess distinctive characteristics, such as simple shapes and geometrical shapes, numerical figures, alphabetical letters, letters which cannot be pronounced as a word, or letters of foreign languages which are not commonly used, shall not be protected.

However, such marks shall be eligible for registration if they have been widely used and recognized in the market.

Can a trademark which is considered identical with or confusingly similar to another person's trademark the validity of which has expired or been terminated/invalidated be registered?

     A newly applied trademark which is considered identical with or confusingly similar to another person's trademark whose validity has expired or been terminated/invalidated shall be considered for protection only when the time span counted from the expiry date/cancellation date of the cited trademark to the filing

date of the new trademark application is equal to or more than five (05) years. This, however, shall not be applicable to the mark that is cancelled on the grounds of non-use.

 Is it possible to prevent others from using marks identical to or similar with a trademark in a pending application?

     No. In Vietnam, trademark rights to a trademark are established on the basis of certificates of trademark registration granted by the Trademark Office.

 Once the trademark is still in a pending application, the trademark has not yet been effective and therefore the owner has no right to prevent others from using the identical or similar marks.

What is the legal effect of a registration?

     The registration entitles the registrant to file infringement suits against unauthorized third-party users, oppose subsequent applications, and cancel subsequent registrations.

 It also enables the registrant to obtain an injunction against unauthorized use and to seize the goods.

 How long does a registration last?

     The term or registration is ten years counting from the accepted filing date of the application, but and can be indefinitely renewed for periods of ten years each on payment of additional fees.

How can the trademark registration be renewed?

     A request for renewal must be filed within six (06) months prior to its expiration date. However, request for renewal can also be filed within the grace period of six (06) months after the expiration date with payment of an extra fee of 10% of a prescribed fee for each month overdue.

Is proof of use required for obtaining trademark registration?

     No. Proof of use is not required at the time of registration and at the renewal as well.

Can cancellation request be filed against a registered mark on the grounds of non-use?

     A trademark registration is vulnerable to cancellation action if it has not been used by the owner without legitimate reasons for five (05) consecutive years counted till the date o¬n which a cancellation request is filed with the Trademark Office by any third party.