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Distinctiveness is a crucial factor in determining the validity of a trademark in Vietnam. A trademark can only be protected if it can distinguish the goods or services of the owner from those of others. Therefore, understanding the legal criteria for assessing distinctiveness is essential for businesses and individuals seeking Vietnam trademark registration.
Understanding Trademark Distinctiveness
Distinctiveness is a fundamental requirement for a trademark to be eligible for protection in Vietnam. A distinctive trademark enables consumers to identify the goods or services of a specific owner, differentiating them from competitors. Without distinctiveness, a trademark may face rejection during the registration process.
Legal Criteria for Determining Trademark Distinctiveness in Vietnam
Vietnamese trademark law recognizes a trademark as distinctive if it contains unique, recognizable elements that do not fall into excluded categories. A trademark will be considered non-distinctive if it belongs to any of the following cases:
- Basic geometric shapes, numbers, or generic letters: Simple symbols or characters in uncommon languages typically lack originality unless they gain distinctiveness through extensive use.
- Common symbols and conventional icons: Widely used symbols or generic images related to a product category cannot be monopolized as trademarks.
- Descriptive elements: Words or images describing a product’s characteristics, function, origin, or quality are generally not protectable unless they acquire distinctiveness through continuous and widespread use.
- Geographical names: Unless registered as a collective or certification mark, geographical indications are usually excluded from trademark protection due to the risk of misleading consumers.
- Identical or similar marks to existing trademarks: If a trademark is too similar to an already registered or well-known mark, it will not be accepted for registration.
- Names and images of well-known individuals: Trademarks that incorporate the names, images, or likeness of famous personalities or copyrighted works without permission may be rejected.
Impact on Businesses and Trademark Registration Strategies
Failure to comply with distinctiveness requirements can result in Vietnam trademark registration refusal or legal disputes. Businesses should take the following precautions:
- Select inherently distinctive trademarks: Avoid common words or descriptive terms and instead create unique, memorable brand identifiers.
- Conduct trademark clearance searches: Before applying for registration, ensure that the chosen mark does not conflict with existing trademarks.
- Build brand recognition through consistent use: If a trademark lacks strong distinctiveness initially, companies can strengthen its recognition through extensive branding efforts and commercial use.
Conclusion
As Vietnam continues to refine its intellectual property laws in 2025, distinctiveness regulations continue to play a key role in determining the validity of trademark registrations in Vietnam. To ensure legal protection and maximize brand strategy, businesses must strictly adhere to these rules while adopting creative approaches in trademark design and usage.
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.
