SBLAW would like to provide you some information about licensing trademark in Vietnam through Q&A as follows:
1.What is trademark license?
Licensing of trademark means the permission by the owner of such trademark for another organization or individual to use the trademark within the scope of his/her use right. Licensing of the trademark must be established in the form of written contracts
2. What are types of trademark license contracts?
Trademark license contracts shall be of the following types:
Exclusive contract means a contract under which, within licensing scope and term, the licensee
shall have an exclusive right to use the licensed trademark while the licensor may neither enter into any trademark license contract with any third party nor, without permission of the licensee, use such trademark;
Non-exclusive contract means a contract under which, within licensing scope and term, the licensor shall still have the rights to use the trademark and to enter into non-exclusive trademark license contracts with others.
Trademark sub-license contract means a contract under which the licensor is a licensee of the right to use a trademark under another contract.
3. What are the contents of trademark license contracts?
A trademark license contract must have the following principal contents:
Full names and addresses of the licensor and the licensee;
Licensing bases;
Contract type;
Licensing scope of, covering limitations on use right and territorial limitations;
Contract term;
Licensing price;
Rights and obligations of the licensor and the licensee.
4. What is validity of trademark license contracts?
Trademark license contract shall be valid as agreed upon by the involved parties but shall be legally effective to a third party upon registration with the National Office of Intellectual Property (NOIP).
Validity of a trademark license contract shall be terminated ex-officio upon the termination of licensor’s trademark rights.
5. What are dossiers for registration of trademark license contracts?
A dossier for registration of trademark license contract shall comprise:
- A declaration for registration, made according to a set form;
- The original or a valid copy of the contract;
- The original of trademark registration certificate
- A power of attorney signed and stamped by the Licensor or Licensee.
6. What is time frame of registration of trademark license contract in Vietnam?
It takes from 02 to 03 months to complete this procedure at NOIP.
