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W11 - Questions (1)

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34 views

W11 - Questions (1)

Uploaded by

22070013
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Week 11

1. The owner of geographical indications in Vietnam is:


a) The local government
b) The State
c) The organization producing the product
d) The first applicant

2. Industrial design registration certificates are valid for:


a) 5 years, renewable twice
b) 10 years, non-renewable
c) 15 years
d) Indefinitely

3. Temporary rights for inventions arise:


a) From the date of registration certificate issuance
b) From the date of application submission
c) From the date the invention is disclosed
d) Upon commercial exploitation

4. A trademark registration certificate is valid for:


a) Unlimited time
b) 20 years, renewable
c) 5 years, non-renewable
d) 10 years, renewable indefinitely

5. Mr.A filed an application for a trademark at 10 a.m, November 16, 2024.


After that, Mr. B filed an application for the identical trademark (for the
same products) at 3 p.m on the same day. What would happen?
a. Mr.A and Mr. B shall be required to negotiate
b. Mr.A’s application shall be accepted, Mr.B’s application shall be rejected
c. Both applications shall be rejected
d. Both applications shall be accepted

6. True/False
a. Only organizations or individuals producing goods bearing the trademark
have the right to register that trademark.
b. Rights to all trademarks are established based on the decision to grant a
registration certificate by a competent authority.
c. State can transfer ownership of a geographical indication to an organization if
that organization meet certain requirements.

7. Explain the first-to-file principle.

8. Explain the trademark registration procedure


### 7. The First-to-File Principle:
Under the first-to-file principle, if two or more parties file applications for
registration of the same invention, industrial design, or mark that are identical or
insignificantly different, the protection title will be granted to the application
with the earliest valid filing or priority date. Key points include:

1. **Earliest Filing Date:**


- Only the earliest application among those satisfying all conditions for the
grant of a protection title will be accepted.

2. **Resolution of Same-Date Applications:**


- If multiple applications have the same earliest filing or priority date, the title
may be granted to a single application upon agreement of the applicants.
Without such an agreement, no protection title will be granted.
---

### 8. Trademark Registration Procedure:


The process for registering a trademark includes the following steps:

1. **Application Submission:**
- The applicant submits a complete application, including a sample of the mark
and a list of goods/services.
2. **Formal Examination:**
- The application is examined for validity, ensuring compliance with filing
requirements.
3. **Publication:**
- Applications deemed valid are published in the Official Gazette of Industrial
Property for public comment.
4. **Substantive Examination:**
- A detailed examination is conducted to evaluate the mark's eligibility,
ensuring it satisfies distinctiveness and non-confusion criteria.
5. **Grant of Protection Title:**
- If all conditions are met, the trademark is registered, and a certificate is
issued. The mark is then recorded in the National Register of Industrial Property.
If further clarification or a translation is needed, let me know!

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