Client/Legal Alert: Regulation on handing IPR-infringing corporate names

Joint Circular No. 05/2016/TTLT-BKHCN-BKHDT dated April 05, 2016 of the Ministry of Science and Technology and the Ministry of Planning and Investment on detailing and guiding measures against corporate names that infringe industrial property rights.

According to this Joint Circular, all corporate names that infringe upon protected industrial property subject matters, including marks, geographical indications and trade names, shall be required to be changes. The Circular details and guides grounds for determining corporate names that infringe industrial property rights and measures against such infringements; procedures for changing corporate names, removing infringing elements in corporate names, revoking corporate registration certificates of companies whose names infringe the industrial property rights.

 It is expected that the new regulation will eliminate all possibilities of establishing new companies with names identical or similar to famous marks or brands to take advantage of their reputation. This trick has been employed by dishonest enterprises, affecting the distinctiveness of goods, misleading consumers who usually lack information about authenticity of enterprises and their products and harming the country’s investment environment and reputation of domestic enterprises.

This Joint Circular takes effect on May 20, 2016.

Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn