Concept

Trademarks are signs used to distinguish goods and services of different organizations and individuals.

Signs used as trademarks must be visible signs in the form of letters, words, images, drawings or a combination of those elements represented by one or more colors.

Condition #1: The mark must be a visible sign

A trademark must be a visible sign as prescribed in Clause 1, Article 72 of the Intellectual Property Law in the form of:

+ Letters, words

+ Drawings, pictures, holograms

+ Or a combination of the above elements represented by 1 or more colors

These are signs that can be seen by the human eye and are represented by the above factors, which will meet the conditions for trademark protection under the Intellectual Property Law.

Condition #2: The mark must be distinctive to be eligible for protection

A trademark must be distinguishable as prescribed in Clause 2, Article 72 of the Intellectual Property Law to be eligible for protection:

– Must be made up of 1 or more recognizable and memorable elements or many elements combined into a recognizable and memorable whole.

– A mark is considered distinctive if it does not fall into the following signs:

+ Simple shapes and geometry, numbers, letters and words in uncommon languages.

+ Conventional signs, symbols, drawings or common names of goods or services in any language that have been widely used, frequently, and known by many people.

+ Signs indicating time, place, production method, type, quantity, quality, nature, composition, use, value or other descriptive characteristics of goods or services.

+ Signs describing the legal form and business field of the business entity;

+ Indicates the geographical origin of goods and services.

+ The sign is not an affiliate mark identical or confusingly similar to a registered trademark.

+ Identical or similar to another’s trademark which has been widely used and recognized for goods or services.

+ Identical or similar to a protected trademark or has expired for less than 5 years.

+ Identical or confusingly similar to a well-known trademark.