Following our June 2022 article on Vietnam’s Intellectual Property Law Amendment, “ Vietnam: ˂Amendment to Intellectual Property Law ˃ Makes Major Changes to Ownership and Enforcement of Intellectual Property Rights, ” there have been further developments regarding intellectual property rights in Vietnam. actual progress.
The “Amendment to the Intellectual Property Law” was approved by the Vietnamese Congress in 2022 and will take effect on January 1, 2023. The amendment aims to better align Vietnam’s intellectual property system with international treaties and practices.
Among the many important and wide-ranging changes, one notable aspect is those related to trademark oppositions.
Under the Intellectual Property Law Amendment Act, any third party has the right to: (i) submit an opinion on the registration (or rejection) of the relevant trademark (“Third Party Opinion”); and (ii) object to the registration of the relevant trademark (“Third Party Opinion”) “objection”).
Objection submission deadline shortened
The time period for filing an opposition is shortened from 9 months to 5 months from the date of trademark announcement. This provision applies to all trademark applications submitted on or after January 1, 2023.
Controversial practice
However, the Vietnam Intellectual Property Office is retroactively applying the five-month opposition filing deadline to all trademark applications filed before January 1, 2023, although the old practice should still apply at this time. If an objection is submitted after the 5-month mark, it will not be accepted as an objection and will instead be considered a third-party opinion. Although intellectual property practitioners have questioned this application of the Amendment to the Intellectual Property Law, the Vietnam Intellectual Property Office remains unmoved.
What this means for brand owners
If a brand owner believes it will take more than 5 months to submit a dispute, we recommend submitting a third-party opinion as soon as possible. Third-party opinions can be submitted at any time before the Vietnam Intellectual Property Office makes a decision.
Unlike objections, reviewers do not respond to third-party comments, which means brand owners need to regularly monitor the status of third-party comments.
The content of this article is intended to provide general guidance on this topic. If you have questions, please contact us and we will provide advice tailored to your specific situation.
