What is the complete procedure to apply for a trademark opposition?

You can file a Trademark opposition against any Trademark application published in the Trademark Journal during the 3 months period when it is kept open for opposition from the general public.

 Trademark Opposition in Vietnam 

You can file a Trademark opposition on your own if you have the knowledge of applicable laws, know under what provisions the Trademark needs to be opposed, can draft the opposition petition on your own and know what legal documents are required for the same.

Coming to the procedure of filing a Trademark opposition, a trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party.

A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

A trademark opposition is filed in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

Documents Required To File A Trademark Opposition

The copy of Trademark to be opposed.

The reason for opposition.

The Notice of Opposition i.e. the application opposing the mark published in the journal is drafted (it is suggested that you hire a lawyer for the same to avoid any omissions or errors). The Notice of Opposition is sent to the Registrar first, who will examine it and then send it to the applicant.

The Trademark applicant gets 2 months(1+1) to file a counter-statement against the opposition received.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source; Quora

Read More

What kinds of things can you trademark?

There are many things that you can use to represent your goods or services. These marks of your trade: “Trademarks” can either be conventional or unconventional.

Trademark opposition in Vietnam 

1.Conventional trademarks: Convention means generic means common means general. Following are the conventional trademarks:

a.A word

When a word is used as a trademark, it is called a Wordmark. For example, coca cola is a word mark. Any kind of word can be trademarked. However, the following words cannot be:

-Descriptive names

-Deceptive names

-Generic names

-Offensive names

b.A logo

A special design word or an image can be a logo. For example, while coca cola is a work mark registered as a trademark, Coca Cola, on the other hand, is a logo.

c.A symbol

Have you ever seen the symbol of Pepsi- a circle divided into by a twice curved line in between, with the upper half red and the lower half blue in colour? It is a symbol, and yes, it is trademarked.

d.Colour combination

You can also trademark a specific colour combination if you want.

e.A device can be trademarked

 Logos or symbols are basically devices that you can trademark.

2.Unconventional trademarks

Unconventional means uncommon means not generic. They are trademarks that are not common and were only recently introduced.

a.Sound pattern:

A specific pattern of sound can be trademarked. Windows theme, the one that is so familiar to you, is a trademarked theme.

b.Smell:

A specific smell can be trademarked as well. Most of the perfumes are trademarked.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora

Read More

What is the complete procedure to apply for a trademark opposition? How can I apply myself?

A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

Trademark opposition in Vietnam

You can file a Trademark opposition against any Trademark application published in the Trademark Journal during the 3 months period when it is kept open for opposition from the general public.

You can file a Trademark opposition on your own if you have the knowledge of applicable laws, know under what provisions the Trademark needs to be opposed, can draft the opposition petition on your own and know what legal documents are required for the same.

Coming to the procedure of filing a Trademark opposition, a trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party.

A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

A trademark opposition is filed in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

Documents Required To File A Trademark Opposition

-The copy of Trademark to be opposed.

-The reason for opposition.

The Notice of Opposition i.e. the application opposing the mark published in the journal is drafted (it is suggested that you hire a lawyer for the same to avoid any omissions or errors). The Notice of Opposition is sent to the Registrar first, who will examine it and then send it to the applicant.

The Trademark applicant gets 2 months(1+1) to file a counter-statement against the opposition received.

ANT Lawyers -  Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora

Read More

What is trademark opposition?

A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

Trademark opposition in Vietnam

A trademark opposition is filed by a third in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

A reply to the Trademark opposition must be submitted within 2 months of receiving it. For a Trademark objection, there is no need to pay a fee to send a reply to the objection, but to reply to a Trademark opposition, the applicant needs to pay a prescribed fee with the Trademark Registrar.

In the case of Trademark opposition, an appeal lies against the judgment in an opposition proceeding against the application.

Documents Required To File A Trademark Opposition

The copy of Trademark to be opposed.

The reason for opposition.

Procedure To File A Trademark Opposition

Upon receiving the requisite documents, the Trademark lawyer will draft the Notice of Opposition i.e. the application opposing the mark published in the journal. The Notice of Opposition will be sent to the Registrar first, who will examine it and then send it to the applicant.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Read More