Registering Korean Trademarks in Vietnam

■ Korean Trademarks, Reasons why registration is difficult in Vietnam
● The trademarks of Korean companies used in Korea can not be registered with any of the letter and figure brands in Vietnam.
– Registration in Vietnam Knowledge Reproduction Bureau (NOIP) is not possible for languages not normally used in Vietnam (Latin) under section 74 of the Vietnamese Language Act.

Article 74, Clause 2 of the Property Rights Act of Vietnam (a)
The following markings are considered unidentifiable :
① Simple shape and geometric figures
② Non-average letters, languages, and numbers
Except in the case of frequently used and identifiable trademarks
Data Institute

■ A professional lawyer talks about how to register Korean brand name in Vietnam
1) In case of a brand consisting only of Korean characters (a trademark without English or Latin characters)
● Composition within three characters is mandatory when using Korean characters only
– Simple enough to be recognizable by the general public.
● Text with design, not ordinary writing
– It is possible to register a mark with design elements rather than ordinary Korean characters.
– A trademark consisting of ordinary Korean handwriting is subject to a language that can not be identified only under Article 74, Clause 2 a of the above Act, and therefore can not be registered.
– (Note) According to the Ministry of Science and Technology, Thong tu0120 2007- BK . HC NN section 39 section 3 A, the following trademarks can not be identified :
① A language that Vietnamese consumers generally can not recognize or remember (that they can not read, understand, or remember)
② Non-latic characters (Arabic, Slavic, San Francisco, Chinese, Japanese, Korean, Thai, etc.)
③ Except in cases where other identifiable elements such as shapes and special designs are added.

2) Second, the brand added English to the brand.
● Registration is possible if English (other Latin characters are also allowed) is added to the standard Korean mark.
– However, the Latin characters on the plate must be the same size or size as the Korean characters.
– According to Article 74, Clause 2, D of the Vietnam Property Act, if the identification of the trade name is excluded from the identification of the brand, the manner of manufacture, the quantity, quality, nature, ingredients, efficacy, value, and the product and service,

3) Third, Korean brand with additional graphics
● If the Korean mark of ordinary writing is added, it can be identified by adding pictures.
– At this point, the design included in the display is important, in which case the registered trademarks are protected as a whole, not individually in Korean.
– You also need to fill out an application form for the Vietnamese trademark in what the Korean language is meant to be on the label.

■ Implications
● According to Article 72 of the Vietnam Rights Act, a trademark must be a mark mark that can be distinguished from another person's products or services by combining letters, words and pictures.
– – The final registration decision of a trademark is also based on the opinion of the Vietnam Intellectual Property Reproduction Bureau (NOIP) which conducts a practical review.
– Therefore, as we prepare for trademark applications in Vietnam, we must check and apply in advance to be a trademark that can be registered through a law firm specializing in Vietnamese property rights.
● If a picture (design) and a Korean letter are registered together, the marking is only valid as a whole, as the picture and Hangul are registered as components.
– In other words, Hangul is part of the trademark component and therefore the Korean language itself is not protected.
● Many of our companies mistakenly believe that it will work abroad if they register in Korea. However, they must not be protected if they do not apply and register abroad. Therefore, when they enter foreign countries,
● KOTRA Ho Chi Minh branch operates IP-DESK in cooperation with Korean Intellectual Property Office, and as Korean companies that are scheduled to invest in Vietnam or are allowed to register their intellectual property rights, it is necessary.
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[Data source : KOTRA Ho Chi Minh Office]