Tuesday, December 12, 2017

IPR in Vietnam, handle infringement, IPR protection in Vietnam

Ways to gain well-known trademark recognition

In most cases, protection of well-known trademark rests upon the finding or recognition of well-known status. Commonly referred to as a well-known trademark, that trademark can enjoy a broader and stronger scope of protection compared to an ordinary trademark. There are two routes to be acknowledged as well-known trademark in Japan. One route is to file an application as a defensive mark and obtain a defensive mark registration. The other route is recognized through court decisions and appeal/trial decisions. The marks authorized by these decisions are listed in the Well-Known Trademark section of the IPDL database. However, only registered well-known trademark has trademark right. If well- known trademark owner want to have a trademark right the only one way is to apply for registration.

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