Letters of Consent in Filing Trademark Application in Vietnam

During trademark prosecution there are a number of obstacles arise such as the applicant's mark may be refused since it was confusingly similar to the earlier trademark. A letter of consent executed by the earlier cited mark’s owner can be filed to overcome a citation of another mark is usually an effective measure.

In Vietnam, while a letter of consent may be filed, and will be reviewed by the National Office of Intellectual Property (“NOIP”), it is most for the NOIP to withdraw a citation following the filing of a letter of consent provided that the applicant’s mark is not identical with the cited mark.

In many countries, a letter of consent can be filed to overcome an obstacle as well, however, while letters of consent can still be filed and will be reviewed, they will still not be binding on the Trademarks Office. The Trademarks Office will continue to have discretion to maintain citations despite the filing of any letters of consent.

For further information, please contact us via email: hanoi@pham.com.vn 

Pham & Associates is a leading intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn