Currently, the world uses two filing principles when registering a trademark, that is, first to file and first to use.

The law of Vietnam applies the priority of filing the first application, the right of priority in the registration of trademark protection.

According to this principle, if many different applicants file identical/similar trademark applications for identical or similar products or services, the application has the priority date or the first filing date.

• In case there are many applications of different application owners filed together for the same object with the same priority date or the first filing date, only one application is accepted as agreed upon by these applicants. If the application owners cannot reach an agreement, that object will be refused to grant a protection title.
• The applicant’s priority claim will be accepted if the following conditions are met:

1. The applicant is a Vietnamese citizen or a citizen of a country that is a member of the Paris Convention or resides and has a production or business establishment in Vietnam or in a country that is a party to the Convention.
2. The first application has been filed in Vietnam or a Contracting State to the Convention and that application contains a claim for priority right to trademark registration.
3. A trademark registration application is filed within 06 months from the date of first filing and the priority period is counted from the date of first filing, the filing date of the first application is not included in the priority period.
4. In the registration application, the applicant clearly states the claim for priority right and must submit a copy of the first application certified by the first application-receiving agency in case it is filed abroad.
5. Full payment of fees for requesting priority rights.

Thus, during the period from the first filing date to the filing date in Vietnam, if another subject applies to the same subject in the first application, the first applicant’s application will still be considered to have the same filing date.

Owners should also note that the application of the principle of precedence is not the same from country to country, so applicants need to know the laws of the country where they intend to do business to avoid cases where the trademark is not protected.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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