Under Vietnam laws, “an industrial design is the external appearance of a product, which is manifested by means of contours, three-dimensional form or color, or a combination of these elements,and which is of a new character in the world and used as prototype for manufacturing handicrafts and industrial products”.
What is an industrial design? Read More »
Recordal of license agreement with the Intellectual Property Office of Vietnam is not compulsory. However, to be enforceable with third parties, it must be recorded with the IP Vietnam.
Is a trademark license required to be registered at the Trademark Office? Read More »
A specific royalty amount must be indicated in the trademark license agreement. In practice, the parties concerned may agree on the actual royalty amount separately, whatever royalty amount indicated in the agreement shall be recorded in the decision on registration of trademark license agreement issued by the Trademark Office upon registration of the license.
Should the specific royalty amount be indicated in the license agreement? Read More »
A trademark registration is vulnerable to expungement if the mark is not used by the owner without legitimate reasons within five (5) consecutive years before a request for non-use cancellation is made to the Trademark Office by any third party. The burden of proof of use is on the trademark owner.
Proof of use is not required at the time of filing nor at the time of renewal. A grace period of five (5) years for excusing non-use is provided.
Is proof of use required for obtaining trademark registration? Read More »
