Intellectual Property and Trademark Registration in Vietnam

 Trademark is a sign for consumers to identify the goods or services of each company from those of others.

In Vietnam, many businesses today have not paid sufficient attention to trademark protection. Only when their trademarks would be infringed by other companies or competitors, they really concern to protect their trademarks and business through trademark registration, trademark opposition or take further actions. Such situation will negatively impact the business financially.

 Trademark Registration Services in Vietnam

Trademark rights will be protected within the national territory, therefore when a trademark has been registered in Vietnam, it will be protected in Vietnam. If one company wishes their trademarks to be protected in other countries, it could:

-Directly register in each country or

-Register via the Madrid International registration by filing a single application which indicates the registrations at respective countries.

If registered under the Madrid International, firstly, trademarks must have been submitted trademark applications or have registered in Vietnam, depending on whether the country for protection is under the Madrid Protocol or the Madrid Agreement.

Law on Intellectual Property and its related documents could also be referred to for further information.

ANT Lawyers’ services in the field of trademark registration advice covers:

-Look-up, assess and consult possibilities to register trademark in Vietnam and abroad;

-Represent clients in applying for certificates of trademark registration, record modification, extend degree of trademark protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of trademark registration in Vietnam and the possibility of trademark rights violation;

-Implement of the protected trademark rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing trademark ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

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Musician Ed Sheeran faces copyright lawsuit over 'Thinking Out Loud'

Heirs of the composer for Marvin Gaye's "Let's Get It On" sued British musician Ed Sheeran on Tuesday.

Heirs of the composer for Marvin Gaye's "Let's Get It On" sued British musician Ed Sheeran on Tuesday, claiming his hit song "Thinking Out Loud" copies core elements of the late soul singer's 1973 track.

The copyright infringement lawsuit was filed by the heirs of Ed Townsend, who co-wrote the lyrics to "Let's Get It On" in 1973 and created its musical composition, according to the complaint filed in federal court in the Southern District of New York.

Representatives for defendants Sheeran, Sony/ATV Music Publishing, and Atlantic Records did not immediately respond to requests for comment.

The lawsuit, which asks for damages to be assessed at a jury trial, argues that the harmonic progressions, melodic and rhythmic elements central to "Let's Get It On" formed the structure of Sheeran's "Thinking Out Loud."

"The Defendants copied the 'heart' of 'Let's' and repeated it continuously throughout 'Thinking,'" the lawsuit said. "The melodic, harmonic, and rhythmic compositions of 'Thinking' are substantially and/or strikingly similar to the drum composition of 'Let's.'"

Grammy Award-winning Sheeran has become one of Britain's top-selling artists in the past two years, and has written and co-written tracks for artists such as One Direction, Taylor Swift and Justin Bieber.

The lawsuit came two months after California-based musicians sued Sheeran for $20 million over his hit song "Photograph" in an unrelated case.

Gaye's family last year successfully sued R&B recording artists Robin Thicke and Pharrell Williams for copyright infringement in another unrelated case over their hit single "Blurred Lines," winning a $7.4 million judgment.

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HOW TO DECLARE VAT FOR FOREIGN CONTRACTORS IN VIETNAM

Foreign Contractors are subject to tax for their income in Vietnam. On February 11, 2015, the Ministry of Finance signed the Decision No. 274/QD-BTC on publishing amendments and supplements of administrative procedures in the tax management under the Ministry of Finance’s authority.

Declare Tax for Foreign Contractors in Vietnam

Under this Decision, procedures of declaring tax for foreign contractors, foreign sub-contractors paying value added tax according to the direct method on value added tax, paying enterprise tax based on percentage of revenue for business operations and other incomes shall be amended and replaced. Specifically, foreign contractor, foreign sub-contractor shall prepare one dossier including tax declaration (according to the Form), copies of the Contract for Contractor/Sub-Contractor certified by the tax payer (for the first tax declaration of Contract for Contractor); Copy of Business License or Profession license certified by the tax payer and send to the Department of Taxation. Of which, tax declaration shall be made in each arising tax duty. Deadline for submitting the tax declaration document is no later than the tenth day since the day of arising tax duty. In the event that Vietnamese party pays for foreign contract many times in the month, it can be declared by month instead of making declarations for each time. Deadline for submitting the tax declaration document is no later than the twentieth day of the next month since the month of arising tax duty. This Decision takes effect on October 01, 2014.

For advise or service request, please contact us via email ant@antlawers.vn, or call +84 8 3520 2779.  To learn more about us, please visit www.antlawyers.vn 

ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

Commercial

Dispute Resolution

Debt Recovery

Employment

Foreign Investment

Intellectual Property

International Trade and Taxes

Infrastructure and Project

Civil Matter

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

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