Process for Trademark registration

A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks.Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives right to the mark and allows the holder to file lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years.

Trademark protection in Vietnam 

Process for Trademark registration

Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.

If not opposed then the Trademark registration certificate will be given.

Documents Required for Trademark Registration

-Date of using the Logo/Tagline (Any supporting document for the same)

-Power of Attorney signed by the applicant

-Softcopy of the Logo/Tagline

Source: Quora

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How to Protect Business Secrets through Non-Disclosure Agreement (NDA)

In business or production process, individual or organization being may have to share its business secrets with others.  Legal solution for this situation is to enter into a Non-Disclosure Agreement agreement (NDA).

Non-Disclosure Agreement (NDA) are often used by inventors or companies when sharing business ideas, sample products which have just been created, patent and many other business secrets. This disclosure’s purpose is to explore the possibilities to cooperate, manufacture; to commercialize a particular product in relation to another company when seeking licensing contracts, financial source to develop a product; to deploy a business secret, to enter into a Merger and Acquisition transactions, or to create binding obligations on employees if they know or are known secrets of the company they are working for.

Vietnam patent 

What does the content of the Non-Disclosure Agreement (NDA) include?

NDA should begin with a clear statement of who the owner’s non-disclosed information is (owner); party who receives non-disclosed information (recipient); identify non-disclosed information and the reason for disclosing such information to the recipient. The most important thing of NDA is to identify the scope of non-disclosed information or confidential information to avoid the parties in dispute if one party discloses certain information. Another thing to keep in mind is that the NDA can achieve the purpose of the parties when stipulating clearly how the recipient has to protect that information and what is allowed or not allowed to do with that information. In particular, it is necessary to detail that the recipient has to take responsibilities if they violate the information security obligations specified in the NDA.

Besides, the parties may agree to a reciprocal NDA. Sometimes, the source of information is two-ways, both parties will then disclose confidential information to each other, for example when the two parties form a joint venture, or have intention of acquiring the target company through M&A. Accordingly, NDA will refer to the agreement of formation a joint venture, M&A which clearly states that which confidential information two parties will share, what are the rights and obligations of the two parties.

Of course, the best way to keep a secret is to not tell anyone. However, this is not always possible in the collaboration world when shared economy is thriving in Vietnam.  If the owner needs to share business secrets, they could sign with the recipient an non-disclosure agreement or contract to avoid unfortunate circumstances.

ANT Lawyers - Law firm in Vietnam could help clients to create NDA in various business transactions in M&A, joint venture, IP commercialization, labour to address the needs of business requirements in Vietnam.

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Issuing Investment Certificate for Foreign Investors

Foreign investors whom wish to carry out business in Vietnam need to have investment project proposal prepared for submission to State Authority in Vietnam.  Investment projects of foreign investors and projects of economic organizations with 51% or more foreign owned capital (except for cases of capital contribution, purchase of shares or capital contributions of economic organizations) need to follow procedures for issuing Investment Registration Certificate (IRC).

invest in  Vietnam 

Investment registration certificate records information of an investor’s registration of an investment project. In Vietnam, the agency which has competent to grant, adjust and revoke investment registration certificates is the Department of Planning and Investment or the Management Board of Industrial Parks, Export Processing Zones, High-Tech Zone and Economic Zone depending on the specific project details. The time limit for issuing investment registration certificates for each project is usually 15 days from the date of receipt of a complete application dossier submitted by the investors.

When the investors need to change the scope, purpose of an investment registration certificate, he must carry out the procedures for adjusting the investment registration certificate corresponding to the changed content. Within 10 days, this procedure will have results based on the records that investors submit to the competent authorities.

The existence of an investment project permitted by the State for an investment project in an economic zone shall not exceed 70 years; investment projects outside economic zones shall not exceeding 50 years; investment projects implemented in geographical areas with difficult socio-economic conditions, areas with exceptionally difficult socio-economic conditions or projects with large investment capital but with slow capital recovery, the term can be granted longer but not more than 70 years.

In some cases, to ensure the project implementation in Vietnam, the State issues regulations that require obligations of investor. During the operation of a project, for projects that are allocated or leased land, permitted to change the purpose of land use by the State, investors must make a deposit from 1% to 3% of the project investment capital to ensure project implementation based on the scale, property and implementation schedule of each specific project. This deposit is returned to the investor according to the progress of the investment project, unless otherwise refunded. In addition, investors are responsible for ensuring the quality of machinery, equipment, technology lines to execute investment projects in accordance with law by themselves.

In case of subjective or objective reasons, the investor is entitled to transfer the investment project, delay the investment schedule, suspend the operation of the investment project, or terminate the investment project’s operation.

It is always challenging to navigate the Vietnam regulations, especially with real estate, energy, infrastructure, manufacturing projects involving the use of land, with large scale of investment involving the authorities at provincial levels and therefore at ANT Lawyers our lawyers and consultants would assist the clients from the early stages to work with state government agencies, landlords being industrial parks, industrial processing zone to work out the land lease contract, project appraisal process, and setting up company corresponding to the needs of the investors, and finally assist the investors in obtaining Investment Certificate.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

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Danang city Builds the Business Relationship with Tochigi Province of Japan

On December 19^th, 2019, the representative of Danang city met the president of Tochigi province, lead by Mr. Fukuda Tomikazu paying a working visit in Danang.  At the moment, Japan is the top of country which invest in Danang.

Danang is receiving more than 130 investment projects and the total of investment capital is 800 million USD from Japan. The Japanese investors set up company, obtained investment registration certificate the area such as: hi-tech, supporting services, education, medical. Besides, Danang signed the official memorandum of understanding on business cooperation with some cities of Japan such as: Kawasaki, Kansai, Yokohama, Kirsarazu,… Danang show wishes to cooperate with Japan in many fields such as: economy, cultural, education,..

At the meeting, the representative of Danang city introduced the economy-social of the city and in the recent years, the cooperation relationship of Danang and Japan has been developing in many fields.

Besides, the representative of ANT Lawyers met the representative lawyers from Utsunomiya law firm of Tochigi province at ANT Lawyers Danang office. At the meeting, the parties discussed about the cooperation of helping Japanese investors to enter Vietnam market with legal services. ANT Lawyers is the law firm in Vietnam, which has the offices in Hanoi, Danang and Ho Chi Minh City.

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An Additional of 60 FDI Projects Received Investment Licenses into Hanoi

According to Hanoi’s Department of Planning and Investment, in November, the city had 60 newly licensed FDI projects with a total registered capital of 600 million USD.

Of these, there are 52 projects with 100% foreign direct investment; 8 joint venture projects. Besides, there are 8 projects being adjusted to increase investment capital with the additional capital of 6.7 million USD.

Also, in November 2019, foreign investors contribute capital and buy stakes reach 72.9 million USD.

Notably, during the recent Prime Minister’s business trip to Korea, the leader of Hanoi People’s Committee awarded 4 investment policy decisions worth more than 400 million USD, signing the memorandum of understanding to invest in Hanoi worth more than 4 billion USD.

Accumulated from the beginning of the year to November 25^th 2019, the total registered capital of newly established projects and additional capital increased projects reached 2,142 million USD, of which newly registered 788 projects with total capital of 1,562 million USD; 160 additional projects register to increase investment capital of 580 million USD.

In the first 11 months of 2019, foreign investors contributed capital, buying capital contribution reach 5,330 million USD.

Previously, in October 2019, Hanoi had 91 newly licensed FDI projects with a total registered capital of 468 million USD, of which 72 projects were 100% foreign direct investment, 19 joint venture projects. Of these, foreign investors contribute capital and purchase shares reach 5,330 million USD. The number of projects terminating, suspending and dissolution is 27 projects, of which 24 projects are 100% foreign direct investment and joint ventures are 3 projects.

Major projects from the beginning of the year until now have invested in Hanoi such as the capital contribution and share purchase project of Beerco Limited (Hong Kong) in Vietnam Beverage Co., Ltd., the value of the capital contribution is 3.85 billion USD with the main target of brewing and brewing malt in Hanoi. The project Meiko Electronics Co., Ltd. (Hong Kong) with the goal of designing, assembling and manufacturing electronic components in Hanoi adjusts to increase an additional of 200 million USD investment capital.

Hanoi together with many leading corporations in Japan also exchanged memorandums of understanding (MOUs) on investment cooperation in many projects in the city with a total committed investment capital of up to 3.75 billion USD.

In addition, the newly released data of Foreign Investment Agency (Ministry of Planning and Investment), in the first 11 months, the country has attracted nearly 31.8 billion USD of foreign investment, up 3.1. % compared to the same period last year.

Specifically, in 11 months, capital contribution and share purchase reached US $ 11.24 billion, up 47.1% over the same period in 2018 and accounting for 35.4% of the total registered capital. Meanwhile, both newly and increased capital decreased. Specifically, newly granted capital reached 14.68 billion USD, down 7%; additional capital reached US $ 5.87 billion, down 10.7% over the same period last year.

In addition, the newly released data of Foreign Investment Agency (Ministry of Planning and Investment), in the first 11 months, the country has attracted nearly 31.8 billion USD of foreign investment, increase by 3.1% compared to the same period last year.

Specifically, in 11 months, capital contribution and share purchase reached 11.24 billion USD, increase by 47.1% over the same period in 2018 and accounting for 35.4% of the total registered capital. Meanwhile, both newly and increase capital decreased. Specifically, newly granted capital reached 14.68 billion USD, decrease by 7%; additional capital reached 5.87 billion USD, decrease by 10.7% over the same period last year.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

ANT Lawyers, your lawyers in Vietnam.

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What is the importance of trademarks?

A trademark is any sign that individualizes the goods or services of an enterprise and distinguish them from the good or services of the other similar goods or services available in the market or in simple language it is anything that helps in differentiating a product in the ocean of similar or same category of products.

Trademark protection in Vietnam 

Although it is not mandatory and is most often ignored by the entrepreneurs but it remains one of the most important asset of any business.

Some of the important reasons are.

An important tool for effective communication: It is a proven fact that an average consumer identify and remember any brand more easily and effectively through its logo. Your mark can convey intellectual and emotional messages about you, your company, its products or services. A mark need not be a word to be identifiable. It can be a symbol, sign or combination of colours etc. Like “swoosh” design of Nike is recognized worldwide although it doesn’t have any word on it.

Trademark enables your customer to locate you: In this open economy the market place is crowded and consumers have too many options for one single product or service. Trademark proves to be an efficient tool to capture consumer’s attention and make your products and services stand out. Consumer viewing a trademark immediately know who they are dealing with. Often reputation of a particular trademark play a critical role in customer’s purchasing decision.

Trademark facilitates to effectively utilize the internet and various social media platforms: We all very well know how important is to have an online presence in this era. Your brand name is the first thing any customer enters into google or social media site like Facebook, twitter to know about your products and services and basis his decision on the published information.

Trademark is a valuable asset: A trademark fall under class of intangible asset and can appreciate over time. The value of any trademark is directly co-related to the reputation of business. Trademark paves the way for expansion from one industry to another. For example - Titan the homegrown brand for watches has become so popular over time and they used the same trademark to launch their eyewear range in recent past. It helped people to attribute same trust to this newly launched brand which titan watches have and this helped in boosting the company’s ambition for expansion. Trademarks similar to real estate can be bought, sold, licensed or at times used as security interest to secure a loan for your business.

Trademarks are perpetual (i.e they never expire) : Unlike other forms of intellectual property, trademark can exist for entire life of your business provided you renew it after every 10 years.

Source: Quora

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How do I protect intellectual property for my software?

First, you must protect the code. You must have agreements with the developers, confirming that any code they will develop working on your project is your sole property. This is a must. You might want an attorney to draft the agreement. Copyright will protect the code once it is created, you might get an official protection. However, you will have to publish the source code, in this case.

Software Compliance Lawyer in Vietnam

Second, you must protect the trademark (this can wait if you are low on cash). It has to be protected, otherwise someone else can monetize on your success, nonetheless, you can protect it once your software starts selling. However, I do recommend checking if the name is available prior to naming your software, it might be painful to change the name when the software is published.

Third, you can protect some features of your software with patents. Patents are the main reason why Microsoft is flourishing.

Source: Quora

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

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What are common investment methods in Vietnam?

In Vietnam laws, there are a number of investment methods such as establishing economic organizations; investment in the form of capital contribution, purchase of shares or capital contributions in business organizations; Business Cooperation Contract or Public Private Partnership. Investment in establishing economic organizations, capital contribution, purchase of share or capital contributions are most common in our opinion.

Establish Company in Vietnam

Investment in establishing economic organizations

For investment in the establishment of economic organization, an investor invests capital to carry out the establishment of an enterprise, cooperative, cooperative union or other organization to carry out business investment activities. This is a way of direct investment in which investors directly invest capital and directly participate in management activities.

Forms of establishment of economic organizations include two types: Establishing company with 100% foreign capital; or establishing joint ventures between domestic investors or the Government of Vietnam with foreign investors.

Before establishing an economic organization, the foreign investor must have an investment project and carry out the procedures for the grant of an investment registration certificate. Besides, the conditions for the charter capital ownership and the conditions prescribed by international treaties to which Vietnam is a member need to be met. Regarding charter capital, foreign investors are allowed to hold unlimited ownership in economic organizations, except for cases where the investors operate in fields related to listed companies, public companies, securities trading organizations and securities investment funds in accordance with the law on securities; State owned enterprises equitized or transformed under other forms. In addition, investors must check international treaties to which Vietnam is a signatory.

It should be noted that depending on the amount of investment capital of a foreign investor, the legal status of an economic organization after its establishment will be determined differently. If the foreign investor holds 51% or more of charter capital, the economic organization after its establishment will have to carry out the procedures applicable to foreign investors. Conversely, if foreign investors hold less than 51% of the charter capital, the regulations applicable to economic organizations after their establishment are applied as domestic investors.

Investment in the form of capital contribution, purchase of shares or capital contributions in business organizations

Foreign investors who wish to access the Vietnamese market but do not want to establish an economic organization can contribute capital, buy shares or buy capital contributions to business organizations operating in Vietnam.

With this form, the investor will become a member or shareholder of that economic organization. It requires investors to meet a conditions similar to the form of establishment of economic organizations. Having said that, it must meet the conditions for the charter capital ownership and the conditions prescribed by international treaties to which Vietnam is a member. Depending on each specific case, the investor must follow the procedures for registration of capital contribution, purchase of shares or capital contribution in an economic organization and send to the competent agency for recognition of legal investment.

Understanding the regulations are important for investors to enter the Vietnam market and consulting with Vietnam lawyers would help investors make informed decision for their business plan in Vietnam.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

ANT Lawyers, your lawyers in Vietnam.

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What is the difference between a registered trademark and unregistered trademark?

Each country allocates a level of respect to unregistered Trademarks. This varies from very little to serious as in the USA.

Register trademark in Vietnam

In the UK if you have an unregistered Trademark you are likely to be allowed to continue use in the area where you have established goodwill. Example you have a restaurant in Bristol and your regular customers come from a twenty mile radius. However someone has obtained a registered UK Trademark for a similar or identical Trademark covering restaurant services. The owner of the registration is going to be able to prevent you opening another restaurant with the same name outside your Bristol plus twenty mile area, unless you can persuade the tribunal to cancel the registered Trademark. This is most unlikely unless you can show good evidence of custom beyond Bristol.

A registered Trademark gives you the right to use the letter R encircled next to your Trademark and will carry a legal presumption that the Trademark is yours for the country in question. You will also find that intellectual property insurance is more cost effectively obtained. Additionally the authorities such as police and customs may possibly assist in preventing misuse of your Registration.

Source: Quora

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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How do I use samples in my music without infringing copyrights?

It depends on a couple of things: how you plan to use the music and whether or not the average listener will be able to identify the samples.

Copyright in Vietnam

Typically, you won’t have an issue if you abide by the following:

-Only use the music for personal use (as in you make absolutely no money)

-You are performing the music live (as in you are not copying and selling the music).

-If you do distribute to the public, then the average listener can’t tell what the samples are or if your use falls under the “fair use” category.

Meeting Fair Use Requirements:

-When making this determination, the courts will consider the following points:

-Did the original owner suffer financially due to your use of their samples?

-Did you totally transform the sound to create a brand new song?

-Did you take a large portion of the original song?

-Keep in mind, many of these questions are subjective and it’s not a clear cut situation by any means.

When it doubt: Ask permission. This is the absolute easiest way to avoid any kind of litigation. Reach out the the original owner and simply ask them if you can use a sample of their music to incorporate in your own. Usually you will need to obtain permission from the copyright owner of the song (publisher) and the copyright owner of the master tape (record company).

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

Source: Quora

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What is the importance of trademark registration?

Trademark Registration is a legal protection for your Brand name which can’t be copied by any other party Legally. If in case they copy that brand then through the Rights under Intellectual Property Act. The owner of the Trademark can recover the whole profit earned with the name of Registered Trademark.

Register trademark in Vietnam

Many of my clients have said that their lenders or investors felt more comfortable once registration was achieved in important countries.

if you have registrations in major countries such as US , UK you can persuade amazon, eBay etc. to shut down infringing websites without the time and expense of court action.

Customers even search and see you are serious about your rights. It is so cheap to do you look very cheap if you don’t do it.

If you need to prevent infringing use by competitors the court will assume that your right is valid until the other side has proved that it is not. The percentage of registrations found invalid is minuscule. Once you have registration it can be renewed forever as of right. In the UK registration no 1 remains valid as the owners renewed it every ten years since 1876. You have to police the use of the mark, use and renew and then it’s yours forever.

If you have a registration potential licensees have an easy way of finding you. Lenders can give loans secured on registrations.

It is wise to consult the advice of a IP attorneys in Vietnam to help assist you with your trademark. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including intellectual property rights.

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Advantages of establishment of a representative office in Vietnam

En.antlawyers.com – Following the trend of international economic integration, foreigners have been attracted by the benefits of doing business in Vietnam through setting up representative office, setting up company, acquiring shares in Vietnam enterprise through M&A activity.

At the initial stage, foreign entity would try to research market, undertake due diligence on its clients, buyers, clients, or other business partners therefore many will be interested in establishing a representative office in Vietnam.

The foundation of representative office of foreign entity in Vietnam is governed under Vietnam Commercial Law 2005 and Decree 07/2016 / ND-CP dated 25 May, 2016.

Advantages of establishment of a representative office:

Establishing a representative office is a tool to research the market. For the first time, foreign enterprises entering the Vietnam market, the primary purpose is understanding the market, undertaking research on clients, or due diligence on their business partners, distributors, monitoring the performance of buyers and being familiar with the Vietnam market. The establishment of representative office in Vietnam turns out to be the most effective option both of cost and time.

The representative office in Vietnam is an effective tool to promote commercial activity, seeking partners, and increasing opportunities to expand business market in Vietnam.

Representative office form in Vietnam has allowed foreign entity to receive benefits such as recruiting Vietnamese employees, foreign employees working in offices whom could apply for work permit in Vietnam, then temporary residence card in Vietnam, opening bank accounts in foreign currencies or Vietnam dong at commercial banks, and to be allowed to use those accounts solely for their operations.

According to the laws of Vietnam, the establishment of representative offices does not require the investor’s capital. Instead, setting up a company in Vietnam, an economic organization requires capital contribution as per business plan, ranging from USD 50 k to million USD. Sometime, if the investment fall under conditional areas, setting up company seems more challenging.  This relieves the foreign trader from advancing too much to achieve the purpose of expanding the market before the business plan has been proved to materialize.

Further, the establishment of representative office follows more simple procedures for licensing in Vietnam than establishing entity in Vietnam. Accordingly, the process has been taken less time which is more favorable for foreign traders.

Challenges of the establishment of representative office in Vietnam?

Vietnam law provides that, in order to establish a representative office in Vietnam, foreign traders have to prove the fulfillment of the financial responsibility in their country. In practice, the foreign entity is expected to provide audited financial statements. In some countries, the financial audited report is not available according to laws. The Vietnam Department of Trade and Commerce, which state authority would grand representative office operation certificate would require documents showing the fulfillment of tax liabilities or financial obligations of the last fiscal year, or equivalent documents as proof of existence and operation of the foreign trader issued or certified by competent authorities where such foreign trader is established. This provision may initially be difficult. However, if the foreign trader has been established and operated legally in their country, the implementation of this provision is not a major obstacle.

As a large potential market such a Vietnam, as well as the current rapid reform in administrative procedures, Vietnam Government has been more flexible to encourage foreign traders doing business in Vietnam, hence the establishment of representative offices is an optimal method to consider for market research, trade promotion and a stepping stone to penetrate the Vietnam market successfully.

ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

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