Trade name in Vietnam IP Law and the related legal provisions

The definition of “Trade name” in Vietnam IP law means a designation of an organization or individual in business activities, capable of distinguishing a business entity bearing it from other entities in the same business domain and field.

Use of a trade name in Vietnam means the performance of acts for commercial purposes including using to name an entity in its business activities; expressing it in transaction documents, signboards, products, goods, goods packages and means of service provision or advertisement.

Industrial property rights to a trade name shall be established on the basis of lawful use thereof.

Protection conditions for trade names in Vietnam:

A trade name shall be protected under Vietnamese IP Law when it is capable of distinguishing the business entity bearing it from other business entities acting in the same business field and area of business.

Subject matters not protected as trade names in Vietnam:

Names of state agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations, socio-professional organizations or other entities that are not involved in business activities shall not be protected by law as trade names.

Distinctiveness of trade names in Vietnam:

A trade name shall be considered distinctive when it satisfies the following conditions:

• Consisting of a proper name, unless otherwise widely known through use;
• Being not identical with or confusingly similar to a trade name having been used earlier by another entity in the same business field and locality;
• Being not identical with or confusingly similar to another person’s mark or a geographical indication protected by law before the date that trade name is used.

All acts of using commercial indications identical with or similar to others’ trade names having been used earlier for the same or similar type of goods or services, that cause confusion as to business entities; establishments or activities under such trade names shall be regarded as acts of infringements of the intellectual property rights protected by law to trade names.

Please be noticed that Intellectual Rights entitled to trade names shall only be assigned together with the transfer of the entire business establishments and business activities under such trade names and the right to use trade names must not be licensed.

In case you require more information or require advice on the trade name in Vietnam, Laos, Cambodia, and Myanmar, please do not hesitate to contact us via email: info@apta.vn