FAQs - Apta & Associates

FAQs

What are the additional provisions should sub-licensing trademark in Vietnam be allowed?
10/04/2020
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In principle, the contents of the secondary Licensing Agreement a trademark in Vietnam may be detailed but shall not be exceeded or extended in relation to the relevant contents of the base Licensing Agreement, such as:

 

– The Licensing time duration in the secondary Licensing Agreement a trademark in Vietnam may be shorter or equal to the base Licensing Agreement but not exceed.

– The Licensing territorial scope in the secondary Licensing Agreement a trademark in Vietnam may be narrower or equal to the extent specified in the base Licensing Agreement.

 

Please be noted that the secondary Licensing Agreement cannot contain terms that allow Licensee Party to improve or amend the licensing trademark in Vietnam.

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What are the requirements with respect to recording the license trademark in Vietnam?
10/04/2020
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  • Required documents

 

For the recordal of a license agreement of trademark in Vietnam, the following documents is required:

 

– ONE original Power of Attorney executed by a person in charge of Licensor or Licensee Party;

– TWO duly executed originals of the Trademark License Agreement which executed by persons in charge of both Licensor and Licensee respectively. In case the Trademark License Agreement includes multi-sheet, the authorized persons of both Licensor and Licensee should sign on each sheet (the initials are acceptable) OR use corporation seals to intercross over all sheet.

 

  • Required content of License Agreement trademark in Vietnam:

 

Please be noted that there is no a standard form of license agreement. However, under Vietnam regulations, the Trademark License Agreement must include the following necessary contents and provisions:

 

+ Full name and address of the Licensor and the Licensee;

+ Bases of the license;

+ Type of the contract;

+ Scope of the license (limitations to use; territorial limitations);

+ Term of license;

+ Price for the license;

+ Rights and obligations of the Licensor and the Licensee.

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