Copyright Registration for a Logo in Vietnam
How businesses can protect a logo through copyright registration in Vietnam, and how copyright protection differs from trademark protection for a brand.
Table of contents
A logo can be protected in Vietnam as a work of applied art under copyright law. Copyright in an original logo arises automatically when the design is created, and the owner may also register it with the Copyright Office of Vietnam to obtain a dated certificate of ownership that is useful in disputes.
Copyright in a logo
Where a logo is an original graphic creation, it qualifies as a work of applied art. Registration typically requires an application form, sample images of the logo, identification of the designer and the owner, and documents showing how ownership was acquired. If a designer or agency created the logo, a written assignment transferring the economic rights to the business is important, otherwise the rights may remain with the creator.
Copyright compared with trademark
Copyright and trademark protect a logo in different ways:
- Copyright protects the artistic expression of the design against copying;
- Trademark protects the logo as a sign that distinguishes goods or services in commerce, and is granted through registration with the Intellectual Property Office of Vietnam.
Many businesses secure both: copyright to guard the artwork, and a trademark to protect brand identity in the market. The two systems operate independently, so protection under one does not remove the value of the other.
Practical steps for businesses
Before launching a brand, it is prudent to confirm the logo is original, obtain a written assignment from any external designer, and consider filing both a copyright registration and a trademark application. Clearing the mark against existing registrations also reduces the risk of conflict.
Frequently asked questions
Should I register my logo as copyright or trademark?
They serve different purposes and are often used together. Copyright protects the artwork; a trademark protects use of the sign in commerce.
Who owns copyright in a logo made by an agency?
Ownership depends on the contract. A written assignment to the business is recommended to ensure the company holds the economic rights.
Does copyright registration stop others using a similar name?
No. Copyright protects the design, not a brand name. Protecting a name generally requires a trademark.
How LTV Law helps
LTV Law helps businesses secure ownership of their logos through assignments, copyright registration and, where appropriate, trademark filings; to protect your brand, contact our team.
This article is for general information only and does not constitute legal advice.
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