Le Quang Vinh, intellectual property attorney from law firm Bross & Partners Similar to Vietnamese law, trademarks in the US are basically also defined as signs used to distinguish goods and services of different organisations and individuals. Unlike Vietnam's Law on Intellectual Property where only visible signs such as letters, words, drawings, images, including hologram or a combination of elements are protectable, the US also grants protection for invisible marks such as taste or sound marks. You can choose one of two ways to apply for trademark registration in the US. The first is to apply directly to the USPTO through a US law firm, also known as "national registration"; or apply indirectly to the US by using the Madrid Protocol, which is also known as "international registration". US legislation requires that a protectable trademark must simultaneously satisfy two conditions: it has the function of distinguishing source of commerce amongst the same types of goods/services; and it is not confusingly similar to the other's trademarks registered or earlier used in the marketplace in the US. A free online trademark searchable tool can help make a quick search to identify whether a brand has been filed/registered by another or not. However,… Read full this story
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