Practice shows that the fact that individuals and organizations do not register for trademark protection in foreign countries has caused many businesses to lose their trademarks and intellectual property. Especially the case Trung Nguyen Coffee lost its market in Japan in 2001, the former Vietnamese commercial and industrial bank IncomBank. So what are the benefits of registering for protection in a foreign country? What is the process of trademark registration in foreign countries? What problems should our businesses pay attention to when registering for protection abroad?
Status of international trademarks
When it comes to Coca Cola or Pepsi, consumers will probably immediately think of this as a beverage supplier or Apple, Samsung is a phone and tablet supplier. This is a typical example of the success of the intellectual property of businesses when successfully protecting their trademarks and developing their brands domestically and internationally. A brand is not just a name, it is also something that exists in the minds of consumers, giving them an impression of the product consumed. However, in Vietnam today, there are still a number of businesses that are not aware of the value of intangible assets that brands bring and the protection of them internationally in the countries they export to.
In fact, the majority of Vietnamese enterprises are only interested in the registration of trademark protection in the country but still have not paid attention to the protection of their trademarks of goods and services in foreign countries. . And when their trademarks are infringed by other subjects abroad, businesses will have to spend a lot of money to save them compared to the cost of registering for protection abroad from the beginning. There are still quite a few businesses that misunderstand that their trademark protected in Vietnam will automatically be protected in foreign countries. It is also a cause for businesses to lose their trademarks in other countries. Registering for trademark protection in foreign countries will guarantee businesses legitimate rights and interests related to their trademarks, prevent illegal infringement of intellectual property rights, and help those businesses obtain strong foothold, competitive in the international market.
International trademark protection
In principle of protection, trademarks are protected by territory. When a trademark is protected in Vietnam, businesses that want to register for protection abroad will have to apply for registration in other countries. In the world, some countries can establish on the basis of a trademark used as in the United States. One of the biggest risks when businesses do not register their trademarks abroad is that they will lose their trademarks. It is possible that a third party intentionally or unintentionally registers in advance and when the enterprise wants to export its goods and products to that country, it discovers that its trademark has been registered by that third party.
Businesses will then have to spend a lot of money to argue, negotiate and even buy back their trademarks. In addition, businesses may be affected by the reputation and quality of goods. Some countries in the world require that in order to export goods to their countries, enterprises must prove ownership of the trademarks associated with those products and services. That causes goods and services to be delayed or worse, to be considered goods and services with signs of intellectual property rights infringement, considered counterfeit goods and trademark imitations in that country.