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Apr 12, 2011
Do Anh Tuan, Russin & Vecchi, Vietnam
Isaac Stein Simpson, Russin & Vecchi, Vietnam


Intel Acts Aggressively to Protect Trademarks in Vietna...


Do Anh Tuan, Russin & Vecchi, Vietnam, Isaac Stein Simpson, Russin & Vecchi, VietnamIn booming Vietnam, some companies have found a way to avoid trademark compliance – they incorporate famous brands into their company name. Some protections are now in place, but the problem is far from solved.
Under Vietnam’s Law on Intellectual Property (IP Law), which went into effect on July 1, 2006, the use of a trade name which is identical or confusingly similar to a registered trademark is considered to infringe the owner’s trademark rights. However, Vietnam’s law on business registration does not deal adequately with the problem.
Trademarks and Trade Names We look first at the difference between a trademark and a trade name. A trademark, for example “Intel,” is an intellectual property that is registered with the National Office of Intellectual Property (NOIP). Trade names are different. They are created when an owner establishes a company. The trade name is then registered with the local Department of Planning and Investment (DPI).
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