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Are three-dimensional trademarks protected in Vietnam?

Are three-dimensional trademarks protected in Vietnam?

Since July 1, 2006 where the Intellectual Property Law came into force, the protection of three-dimensional mark is officially recognized in Vietnam. The NOIP is very strict in examining the distinctiveness of the three-dimensional mark that relate to the shape of the designated goods or their packages. Generally, if the shape can be recognized as no more than the shape of the designated goods, the shape cannot be registered as a three dimensional trademark unless it has acquired distinctiveness through long and extensive use.



How are well-known trademarks protected in Vietnam?

As a party to the Paris Convention, Vietnam is obligated to give a special protection to well-known trademark. A well-known trademark is defined as a mark that becomes widely known in the whole territory of Vietnam. Rights over a well-known trademark are established based o­n use, not based on registration. 

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