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Trademarks play a crucial role in a company’s business strategy, distinguishing products and services from competitors. A well-known trademark not only enhances brand value but also enjoys special legal protection. In Vietnam, the recognition of well-known trademarks is based on specific criteria to ensure objectivity and transparency. In 2025, the following factors will be considered in evaluating well-known trademarks:
1. Brand Recognition and Popularity
The primary criterion for determining a well-known trademark in Vietnam is the level of recognition among consumers. A trademark is considered well-known when a significant number of consumers in Vietnam are aware of it through purchase, usage, advertising, or media exposure.
2. Geographic Coverage of Goods and Services
The popularity of a trademark is assessed not only within Vietnam but also internationally. Trademarks with a presence in multiple countries will have a stronger basis for being recognized as well-known.
3. Sales Revenue and Market Penetration
A strong trademark typically has high sales revenue and large-scale product or service distribution. Sales figures reflect consumer trust and the commercial strength of the brand.
4. Duration of Continuous Use
The longevity and continuous use of a trademark are key indicators of its reputation. A trademark that has been in use for an extended period demonstrates sustainability and adaptability to market changes.
5. Reputation of Goods and Services
The quality and reliability of products and services associated with a trademark significantly impact its well-known status. Brands linked to high-quality, safe, and consumer-approved products have a higher chance of being recognized as well-known.
6. Number of Countries Protecting the Trademark
A trademark registered and protected in multiple countries is a strong indicator of its international influence and competitiveness, further supporting its well-known status.
7. Number of Countries Recognizing the Trademark as Well-Known
Beyond trademark registration, if a brand has already been recognized as well-known in multiple jurisdictions, it provides substantial evidence of its global status, reinforcing its recognition in Vietnam.
8. Commercial Value of the Trademark
A trademark’s value can be demonstrated through commercial transactions, such as transfer prices, licensing fees, or valuation in business investments. A high commercial value signifies the brand’s importance to the company and the market.
Conclusion
Being recognized as a well-known trademark in Vietnam not only enhances intellectual property protection but also strengthens brand value and market competitiveness. To build and maintain a well-known trademark, businesses should invest in product quality, marketing strategies, and market expansion to meet the increasingly stringent evaluation criteria in 2025 and beyond.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
