GINTASSET Intellectual Property Law Firm - Vietnam becomes member of Madrid Protocol on the international registration of trademarks GINTASSET

Vietnam becomes member of Madrid Protocol on the international registration of trademarks

The National Office of Intellectual Property, Vietnam (NOIP) issued Notification No. 1331/TB-SHTT on June 14, 2006, notifying the public that Vietnam would join the Madrid Protocol (the “Protocol”) as a contracting party effective as of July 11, 2006.


By way of background, the international trade mark registration system is governed by both the Madrid Agreement (the “Madrid Agreement”) which took effect in 1891 and the Madrid Protocol which took effect on December 1, 1995. As of April 15, 2006, there are 56 member countries of the Madrid Agreement and 68 member countries of the Madrid Protocol. However, many countries such as the US, the United Kingdom, Japan, and Singapore, are not members of the Madrid Agreement. The Madrid Protocol extends the international trade mark registration system to countries that are not members of the Madrid Agreement, thereby creating increased convenience and favourable conditions for international trade mark registrations.

Registering trademarks in member countries of the Madrid Protocol will be done by sending an application to the World Intellectual Property Organization (WIPO) via the National Office of Intellectual Property (NOIP).

Entering into the Madrid Protocol will help lessen costs for registration, which are high in markets such as the US and Japan.

According to NOIP, Vietnam has about 115,000 trademarks registered domestically and over 1,000 trademarks registered in foreign countries.

However, many Vietnamese businesses had recently to cope with the fact that their trademarks were usurped and have had to spend a lot of time and money to remake them.

Typical cases were Vinataba tobacco trademark arrogated in 12 countries, Sa Giang prawn cracker stolen in France and Trung Nguyen coffee in the US

((Source: NOIP - 11/07/2006)

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