Criteria for evaluating famous brands

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Key Content

1. What is a well-known trademark?

2. Characteristics of well-known trademarks

3. Criteria for evaluating famous brands

1. What is a well-known trademark?

 Pursuant to Clause 20, Article 3 of the current Intellectual Property Law: "A well-known trademark is a mark widely known by consumers throughout the territory of Vietnam".

2. Characteristics of well-known trademarks

• Is a well-known trademark representing a certain type of goods or services;
• Widely known on a large scale, not only in Vietnam but also all over the world;
• There is great brand value for the business that owns that mark;
• Frequently encountering intellectual property rights infringement;
• Well-known trademarks are established on the basis of the practice of widely using that mark without having to carry out the trademark registration procedures like ordinary trademarks.

3. Criteria for evaluating famous brands

“Article 75. Criteria for evaluation of well-known marks The following criteria are considered when evaluating a mark as well-known:

1. The number of relevant consumers who know the mark through the purchase, sale and use of goods and services bearing the mark or through advertising;

2. The territorial extent where the goods or services bearing the mark have been circulated;

3. Turnover from the sale of goods or provision of services bearing the mark or the quantity of goods sold or services rendered;

4. The duration of continuous use of the mark;

5. Widespread reputation of goods and services bearing the mark;

6. Number of countries protecting the mark;

7. Number of countries recognizing the mark as well-known;

8. The transfer price, the price for licensing the right to use, and the value of the investment capital contribution of the mark.”

LIST OF LEADING BRANDS IN VIETNAM IN 2020

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