Columns

Vietnam: Up against the system

By Tran Manh Hung, Tran Kieu Hoa and Tao Minh Hung

Limitations in Vietnamese laws on trademark use are creating a number of enforcement challenges for rights holders

A trademark holder has a fundamental right to use its trademark (Article 123.1(a) of the IP Law) – but also an obligation. Even in first-to-file jurisdictions, using trademarks is a requirement to maintain protection. This obligation is clearly set out in the Paris Convention for the Protection of Industrial Property (Article 5.C.1), as well as in Vietnam’s IP Law (Articles 95.1(d) and 136.2). Paragraph 2.390 of the World Intellectual Property Organisation (WIPO) IP Handbook emphasises the absolute need to provide for a use obligation in trademark law by referring to unused trademarks as “an artificial barrier to the registration of new marks”.

This part of the website has now moved to the subscriber area. To read more, please pick an option below.

Register to access two articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

The searchable online World Trademark Review database is a valuable research tool.


IP director
Maus Frères/Lacoste

Benefits

Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?

Close

Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 71