What are the main reasons for refusal of registration of a GI in Vietnam?
There are several reasons why a geographical indication (GI) application may be refused registration in Vietnam. Here are some of the main reasons:
(i) Conflict with prior rights: The product may conflict with prior rights, such as trademarks or other GIs, that are already registered or pending registration in Vietnam.
(ii) Lack of distinctiveness: The product does not have distinctive qualities or characteristics that can be attributed to its geographical origin.
(iii) Lack of evidence: The application does not provide sufficient evidence of the link between the product and the geographical area, or of the product’s reputation and recognition in the marketplace.
(iv) Generic or misleading terms: The product’s name may be too generic or misleading, making it difficult to distinguish from other products in the marketplace.
(v) Non-compliance with formal requirements: The application may not meet the necessary formal requirements, such as missing or incomplete documents or inaccurate information.
(vi) Violation of public order or morality: The product’s name or characteristics may be considered offensive or contrary to public order or morality.
If a GI application is refused registration, the applicant may file an appeal with the NOIP or challenge the decision in court. It is important to note that the examination of GI applications in Vietnam is a complex and lengthy process, and it is recommended to seek legal advice from a qualified professional to ensure that all necessary requirements are met.
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• What are required documents for GI registration in Vietnam?
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• How does EVFTA affect GI registration and protection in Vietnam?
• What are the differences between GI, Collective and Certification marks?