Special Marks in Vietnam: Well-Known, Collective, Certification and Sound Marks

Alongside ordinary trademarks, Vietnamese law recognises several special categories of marks with distinct rules and purposes. These include well-known marks, collective marks, certification marks and sound marks. This article outlines what makes each of them different.

Well-known marks

A well-known mark is one that is widely known among the relevant public in Vietnam. Because of their reputation, well-known marks can enjoy a broader scope of protection and, in some circumstances, may be protected even without registration. Recognition as well-known is assessed on factors such as the extent of use, promotion and public awareness of the mark.

Collective and certification marks

These two categories serve collective and quality-assurance functions rather than identifying a single business:

• A collective mark is owned by an organisation and used by its members to identify their goods or services, under regulations governing its use.
• A certification mark is used to certify characteristics such as origin, material, method of production or quality, and is used by parties whose goods meet the certified standards.

Both require regulations on use to be submitted as part of the application.

Sound marks and other non-traditional signs

Vietnamese law recognises sound marks, provided they can be represented in a form acceptable to the Intellectual Property Office of Vietnam. Such non-traditional marks are examined against the same core requirement of distinctiveness that applies to ordinary marks.

Frequently asked questions

Do I have to register a well-known mark?

Well-known marks may receive protection based on their reputation, but registration still provides a clearer and more practical basis for enforcement.

Who can own a certification mark?

A certification mark is typically owned by an organisation that certifies the relevant characteristics and does not itself carry on business in those goods or services.

What must the regulations on use contain?

They generally set out who may use the mark, the conditions of use and, for certification marks, the standards being certified.

How LTV Law helps

LTV Law advises organisations on establishing collective and certification marks, drafting regulations on use, and protecting well-known and non-traditional marks — contact our team.

This article is for general information only and does not constitute legal advice.