Trademark has an extremely important role for the existence and development of every business. So what is Trademark? Follow along with the article below to find out some more information related to what Trademark is!
Today, when businesses are well aware of the importance of trademark issues, what is Trademark is considered as a “shield” for businesses to feel secure to develop their business activities. Understanding what a trademark is will give businesses a huge advantage in protecting them from legal troubles. So what is Trademark? What are the benefits of businesses when registering Trademark? And what is the difference between Brand and Trademark? Follow along with the article below to get Malu to reveal some information about what Trademark is!
I. What is Trademark?
Trademark is also known as trademark. According to the definition of the World Intellectual Property Organization (WIPO), the concept of Trademark is understood as a sign used to distinguish between goods and services of the same or similar type of production facilities and different business.
The concept of Trademark is defined by the Law on Intellectual Property of Vietnam as a sign used to distinguish goods and services of different organizations and individuals (According to Clause 16, Article 4 of the Intellectual Property Law).
II. What are the signs of a registered trademark?
1. ™
™ is Trademark ‘s symbol , understood as a trademark. The ™ sign is used when the mark has not been or is not protected but the owner wants to use the symbol as a trademark and asserts his or her right to the mark to warn third parties not to should trespass. However, if there are trademark disputes, individuals and organizations using products with the ™ mark will not be protected the same rights as products bearing the ® symbol.
2. SM
The SM sign stands for Service Mark, which is known as a service mark in some countries where there is a distinction between service marks and trademarks. When you see a logo with the SM symbol next to it, it is certain that the business will provide some kind of service.
3. ®
® is the symbol for Registered. This symbol implies that a trademark has been registered for protection with a state agency. Only when there is a document from the trademark authority is the use of the ® character valid, otherwise the business will be considered illegal for having deceived customers.
4. ©
© is the symbol of Copyrighted which means copyright. This is the set of all rights to use and ownership of a product, service or idea. It is strictly forbidden for all individuals or organizations to use a certain product/service or idea without the consent and permission of the owner. All these legal rights will be protected by the Authority. Objects protected by copyright are literary and artistic works of science, for example: works of music, literature, architecture, works of applied art, etc.
III. What are the benefits of businesses when registering Trademark?
Trademark is considered as a shield to protect businesses, so that businesses can rest assured to develop. Once granted a trademark, businesses have benefits such as:
- When registering for Trademark, businesses will have the exclusive right to use the trademark, fully protected by law, avoiding unnecessary confusion that affects the company’s reputation.
- Can claim compensation when other businesses use their logo, brand name.
IV. Distinguish the difference between Brand and Trademark
People often confuse Brand and Trademark and think that these are two completely similar concepts. However, that is not the case, Brand and Trademark themselves always have irreplaceable differences.
A brand can have many different brands, but not all brands have the same brand. When a brand develops, has a high level of recognition and creates relationships with the public, it will become a brand. For example, Toyota is a brand, but it has many brands such as: Innova, Camry …
Brand is the image of the company, what consumers see and think, Brand represents the reputation of the business in the public eye. And Trademark is just a trademark protected by intellectual property law, it can be slogan, logo, trade dress…
1. Brand – Brand
Brand is the image of a company, is what consumers see and think. Brand represents the reputation of the company and business in the eyes of customers. In Marketing, the brand plays a very important role in the development of the business. A good brand can help businesses attract more customers, thereby selling more products/services.
2. Trademark – Trademark
Trademark is also known as Trademark , it can be slogan , logo , Brand Mark, commercial clothing… What is a trademark is a specific aspect of a brand. What is a trademark that lasts forever, there is no expiration date, as long as it is still in use, has valid documents and fees are paid in accordance with regulations.
See also: What is Brand Mark? Distinguish Brand Mark and Logo
V. What are the legal provisions on Trademark?
What is the subject of the right to register Trademark including :
- Manufacturers have the right to register trademarks for the products they manufacture;
- Service business entities have the right to apply for trademark registration for the services they provide;
- Traders of goods have the right to register trademarks for the goods they trade, provided that the producer does not use and does not object to the use of such marks.
- The collective organization of business entities has the right to file a collective mark registration application for the goods and services of its members;
- An organization that has the function of controlling and certifying the quality, characteristics, origin or other criteria related to goods and services, but provided that it does not conduct production or trade in goods or services. there.
General conditions for trademarks to be protected :
- A visible sign in the form of letters, words, drawings, images, including holograms, or a combination of them, and which may be represented by one or more colors.
- Be able to distinguish between the goods and services of the trademark owner and those of other subjects.
BECAUSE. How to register a trademark for a business
The steps to register a trademark include:
Step 1: Compose declaration and prepare trademark registration documents
An application for exclusive trademark registration in Vietnam in 2021 includes:
- Trademark registration declaration includes 02 copies;
- Trademark template (can be printed in color, black and white or soft file);
- Power of attorney for SHCN representative (in case the application is filed through a representative);
- List of products/services grouped according to the Nice classification of goods;
- Documents requesting priority right (If any);
- Regulations on the use of trademarks (for collective marks, certification);
- Documents to prove the right to register the trademark (manufacturer’s authorization, approval letter…);
- Name and address information of the owner or co-owners.
Prepare declaration : The declaration of trademark registration is specified in Appendix A of Circular No. 16/2016/TT-BKHCN, the applicant needs to fill in all the information in the declaration before submitting the application. Trademark registration at the Department.
Step 2: Submit your application . Trademark registration dossiers will be filed at the National Office of Intellectual Property of Vietnam.
Step 3 : Receive and respond to comments from the NOIP
In case the NOIP sends the applicant or the applicant’s representative a notice or decision with the contents that need to be answered or clarified, the enterprise shall be responsible for replying fully to the contents. dung. Depending on the content, the time limit for replying is prescribed as follows:
- Answer for clarification, application form: 01 month;
- Reply to notice of content appraisal results: 03 months;
- Pay the fee for granting a protection title: 03 months.
If the above time limit is exceeded, the NOIP may issue a decision to refuse or cancel the trademark registration application .
See also: What is Intellectual Property? 4 Steps of Intellectual Property Protection
VII. Conclude
Above is all information about what Trademark is , what are the benefits of Trademark, the differences between Brand and Trademark and how to register Trademark for business that Malu wants to share with readers. Hopefully, the information shared in the article helps readers understand more about what Trademark is along with the legal provisions on what Trademark is. Malu thank you readers for following the article and see you in the next articles!
