Strategic use of business names and registered trademarks in Vietnam

Submitted by song on
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页之码IP

Many people confuse company names, product names and trademarks, thinking that they are all company logos. But in fact, company names, product names and trademarks are different from each other and are used for different purposes. It is very important to understand the differences between the three. Companies need to shape their business image and establish brand influence in an environment of legal harmony.

The differences between company names, product names and trademarks are listed in the following table:

Company Name

Product Name

trademark

definition
  • The official name of the business entity as registered in the Business Registration Certificate
  • In words and/or numbers only
  • A corporate name used by an enterprise in its business activities to distinguish it from other enterprises in the same field and business area
  • Only in the form of text and/or numbers, usually the main part of the company name, but no corporate form (such as limited company, joint stock company, etc.)
  • Logo/symbol representing a brand
  • Various forms: text, numbers, images, logos, etc. or their combination
How to get it The company is registered and established by the competent industrial and commercial registration authority Recognized through legal use in the field of business and business, no need to register with the Vietnam Intellectual Property Office Obtained by the Vietnam Intellectual Property Office by filing a registration request
Single or combination single single combination
Is protection needed? no Yes, but there is a burden of proof Absolutely necessary

On the one hand, trademark rights ensure that the trademark owner can take legal action against those who use your trademark without your permission; on the other hand, the registration of a company name may also constitute an infringement of other third-party registered trademarks. Therefore, before a company starts commercial activities, it should consider:

1. Check for similar names: Make sure no one else is using it, especially as a trademark.
2. Register a trademark to protect your business and brand.
3. Use the trade name in the ordinary course of business.
4. Always be vigilant: Once you have registered your trademark, you must always be on the lookout for anyone trying to use it without the trademark owner’s permission, and be ready to take action based on your rights.