Importance of Trademark Opposition in Vietnam – Overview of Vietnamese legal procedures

Trademark opposition is a crucial step that trademark owners in Vietnam must consider to protect their brands effectively. Although many assume that registering a strikingly similar trademark will be automatically rejected by the Vietnam Intellectual Property Office, this is not always the case. Sometimes, even confusingly similar marks can slip through the cracks during the examination process. Therefore, taking immediate action by filing a trademark opposition when a new application is identified is essential.

KENFOX IP & Law Office emphasizes the importance of trademark opposition and highlights the risks involved if no opposition is filed promptly. By filing a trademark opposition, trademark owners can bring attention to potential conflicts between their existing mark and a similar application, especially if it covers the same type of product or service. Waiting and hoping for automatic rejection by examiners is a risky gamble that can have long-lasting consequences for a brand’s future in the market.

Trademark examination in Vietnam involves both formality and substantive examinations, which may overlook potential conflicts due to limitations in information, coverage, and human judgment. The opposition mechanism acts as a second layer of review before a trademark is officially granted protection, allowing rights holders to present their case and prevent the registration of conflicting trademarks. By providing detailed legal arguments, trademark owners can point out similarities between marks, related goods or services, and potential consumer confusion in the Vietnamese market.

Choosing not to oppose a similar trademark application can lead to significant risks for a brand, including the registration of a conflicting trademark, increased consumer confusion, brand dilution, and erosion, as well as more complex and costly enforcement measures in the future. Consumer confusion resulting from a similar mark can also lead to a loss of market share, impacting a brand’s bottom line and overall position in the market.

Before deciding to file an opposition, trademark owners should carefully assess the degree of similarity between the marks, consider the relatedness of goods or services, and be aware of the strict 5-month deadline for filing an opposition in Vietnam. Seeking professional legal counsel from a qualified trademark attorney or agent is highly recommended to navigate the opposition process effectively.

In conclusion, filing a trademark opposition in Vietnam when a similar mark is identified is a prudent and necessary decision to protect a brand’s identity, prevent consumer confusion, and minimize potential legal and commercial consequences. Ignoring the opposition process can have severe implications for a brand’s position in the market in the long term.