What is a trademark?

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

What is a service mark?

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

What is a certification mark?

A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

What is a collective mark?

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

What are the benefits of federal trademark registration?

1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with Vietnam Customs Service to prevent importation of infringing foreign goods.

When is it proper to use the federal registration symbol (the letter R enclosed within a circle -- ® -- with the mark.

The federal registration symbol may be used once the mark is actually registered in the NOIP. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]

Can the Office refuse to register a mark?

The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered.

Additionally, Section 2 Article 6 of Decree No. 63/CP detailing the regulations on Industrial Property the government. The grounds for refusal under Section 2 may be summarized as:     

a) Symbols which do not possess distinctive characteristics, such as simple shapes and geometric shapes, figures, capital letters, letters that cannot be pronounced as a word; foreign letters that belong to foreign languages not widely used, unless those symbols have been widely used and recognized;

b) Conventional symbols, usual devices or denominations of goods in any languages that are widely and regularly used and known to many people

c) Symbols expressing time, place, manufacturing process, type, quantity, quality, nature, composition, utility, value which is descriptive of goods, services and origin of goods and services;

d) Signs likely to cause misleading or confusion or to deceive consumers as to the origin of goods, nature and functions, utility quality, value of goods or services;

e) Signs identical with or similar to official initials indicating control, quality warranty, etc. of Vietnam, foreign countries as well as international organizations;

g) Signs or names (including pictures, names, nick names, pseudonyms), devices, symbols identical with or Confusingly similar to the national flags, national emblems, portraits of national leaders or heroes, public figures, geographical denominations, organizations of Vietnam as well as foreign countries, if the use of such signs are not permitted by the relevant competent agency or person.