WHAT IS AFFILIATED BRAND?

PROCEDURES FOR AFFILIATED BRAND REGISTRATION?

OUTLINES

1. Regulations on affiliate trademarks.

2. The distinctiveness of the associated mark.

3. Order and procedures for registration of affiliate marks.

• In the market, there are more and more diversified products and services, accompanied by many counterfeit products, difficult to control and of poor quality. Therefore, in order for a trademark of a product or service to be protected according to regulations, organizations and individuals must register a trademark. However, in reality, many organizations and individuals do not know how appropriate the contents and requirements for a trademark registration application are. Among that, many people are interested at registration of affiliated trademarks. The following article will analyze some legal provisions on the content of affiliate trademark registration, helping readers understand the necessary information.

What is an affiliated brand? (Illustration)

1. Regulations on affiliated brand:

• According to Clause 19, Article 4 of the Intellectual Property Law, a subject registers for a group of marks, identical or similar, for products or services of the same or similar or related products, called trademarks. link signal.
• Usually, for products and services of the same or similar type, it will be a condition to refuse trademark protection, however, there is an exception to the condition of trademark protection as an associated mark.

2. The distinctiveness of the affiliate brand:

• The distinctiveness of the affiliate mark: An associated mark is considered to be distinctive if it is made up of one or several recognizable and indelible elements, or from many factors that combine into a memorable, recognizable and not part of a whole. case of indistinguishability.
• According to Clause 2, Article 74 of the Law on Intellectual Property, the signs for trademarks that are considered to be indistinguishable are as follows:

• Being well-known, widely used the names in any language of goods, services or drawings, conventional symbols, signs.
• Letters, numbers, letters of uncommon languages, shapes and simple geometry, except in the case of nominally a trademark with words or pictures already widely used and recognized.
• Be descriptive of goods or services when using signs indicating place, time, quality, quantity, use, composition, nature, type, production method, value or characteristics otherwise, unless, before the time of filing an application for registration of a mark, through the use of such sign, distinctiveness has been achieved.
• A sign indicating the geographical origin of a service or a good, except in the case of a nominally recognized and used geographical origin sign or a legally recognized or registered mark as a collective mark.
• Signs describing the business field and legal form of the business entity.
• Signs identical with or similar to another's trademarks have been used to the extent of causing confusion and identical or similar goods or services are widely recognized prior to the priority date in the case of a priority application or submission date.
• The sign is not an associate mark identical or confusingly similar to a registered mark for identical or similar goods or services on the basis of an application with an early filing date or priority date than in the case of applications for priority right, including trademark applications filed under international treaties to which the Socialist Republic of Vietnam is a member.
• The use of a sign may mislead consumers about the geographical origin of the goods when the sign is identical or similar to the geographical indication being protected if: 
• The sign is identical or similar to another person's registered mark for goods or services that are identical or confusingly similar, but the registration of such mark has been invalidated for less than five years, unless because the reason the mark is not used but its validity is terminated according to the provisions of the Intellectual Property Law.
• On the basis of an industrial design registration application with the filing date or priority date earlier than the filing date, the priority date of the trademark registration application shows signs of being identical or not significantly different from the industrial design of others which are protected.
• Việc sử dụng dấu hiệu có thể gây nhầm lẫn cho người tiêu dùng về nguồn gốc hàng hóa, dịch vụ khi có dấu hiệu đó trùng hoặc tương tự với tên thương mại đang được sử dụng của người khác.
• The use of signs may confuse consumers about the origin of goods or services when such signs are identical or similar to the trade names being used by others.
• The registration of a mark aimed at taking advantage of the reputation of a well-known mark or the use of a sign may affect the distinctiveness of a well-known mark when such sign is identical or similar to the mark being considered as the well-known brand of another person for goods or services that are not similar or registered for goods or services that are identical or similar to goods or services bearing a well-known trademark that causes confusion.
• The registration of a sign for use in wines or spirits not originating from the geographical area bearing the geographical indication when such sign is translated, transliterated from the geographical indication being protected for wine, spirits or containing a geographical indication or identical with the geographical indication.

Order and procedures for trademark registration (Illustration)

3. Order and procedures for affiliated brand registration:

• Step 1: Prepare an associated trademark registration dossier, including: Registration declaration; sample mark, list of goods and services bearing the mark; regulations on use of certification marks, regulations on use of collective marks; Power of attorney, if any; Documents proving the right to register if any; documents proving the right of priority if any; proof of payment of fees and charges.
• Step 2: The NOIP receives the dossier and conducts formality examination within 01 month since the date of receiving valid dossier.
• Step 3: The NOIP publishes a valid application in the Industrial Property Official Gazette within 2 months from the date on which the application for registration of the associated mark is accepted. Contents of announcement of an association mark registration application are some information about a valid application stated in the notice of acceptance of a valid application, a sample of the mark, and a list of enclosed goods and services.
• Step 4: The National Office of Intellectual Property examines the content of an application for registration of a registered association mark that has been recognized as valid within 9 months since the date of publication of the application.
• Step 5: After verifying that the content meets the requirements and conditions for trademark protection, the NOIP shall grant a certificate of trademark registration and be protected for a period of 10 years, upon the expiration of the term, it can be extended further.

➤ Read more:

➤ Trademarks and what to know about trademarks in 2022.
➤ What is trademark protection and its function?
➤ Patent/utility solution registration procedures.
➤ Procedures for barcode registration.

• Here are some provisions of affiliated brand as well as its order and procedure for registration? of Thinh Tri Law Company Limited to readers. If you have any questions, please contact Hotline 1800 6365 for advice.