[1] disclaimer


One of outstanding issues in IPR protection in Vietnam is trademark disclaimer. Vietnamese IP Act does not allow a trademark owner, by themselves, to provide disclaimer to a certain component in their trademark. The disclaimer will be recorded in the certificate of trademark registration by NOIP only. This is a seriously effective to the trademark rights of owner, so it is a certain problem in the intellectual property law system of Vietnam.


[2] examination rules


Vietnam lacks the detailly opened regulations for trademark examination. The current trademark examination rules are for internal circulation within NOIP only, trademark owner does not be allowed to apply these examination rules to make their arguments against the trademark examiner’s refusal. This problem will make difficulties in argument between the trademark examiner and trademark owner in case when both do not focus the criteria that are standards. 


[3] appeal proceedings


The current appeal procedure does not guarantee the justice and equity when the trademark examiners shall continue the review procedure of the response for their first conclusion.


In this environment, the professional comments and experiences of IP Agents are always highly appreciated regarding giving valuable advices to clients in any circumstances.