In the context of the increasingly deep integration of the global economy and the continuous development of cross-border trade activities, the protection of intellectual property rights plays a very important role in promoting international trade and protecting the legitimate rights of enterprises. However, the current regulations in Vietnam on the protection of trademarks using languages not in the Latin alphabet are still facing many shortcomings and need to be changed to better suit the international context.
Current status: Trademarks using non-Latin languages face refusal of protection
According to the current regulations of the Vietnamese Intellectual Property Law, trademarks consisting only of non-Latin characters, such as Chinese, Korean, Japanese and other scripts (such as Arabic), often face the risk of refusal of protection if they are not accompanied by Latin letters or lack distinctive visual elements. This provision is based on Article 74.2(a) of the 2005 Intellectual Property Law (amended and supplemented in 2022), which states that “signs that are letters or words of less common languages” will lack distinctiveness, making it difficult to register for trademark protection.
The main reason for this refusal of protection is that examiners at the Vietnam Intellectual Property Office have difficulty in identifying, pronouncing, and assessing the similarity of characters in non-Latin languages. This makes the assessment of distinctiveness and difference between trademarks more complicated, easily causing confusion and failing to protect the legitimate rights of trademark owners.
Refusal of Non-Latin Marks: An Issue to Reconsider
Although there is a technical basis for refusing to protect marks using non-Latin languages, this provision has revealed many limitations and is no longer suitable for current reality, especially in the context of international economic integration and the strong development of cross-border trade.
Not in line with international practice and the principle of reciprocity:
While Vietnam refuses to protect marks using Chinese, Korean, and Japanese characters, developed countries with strong intellectual property systems such as China, Korea, Japan, Singapore, and Southeast Asian countries such as Malaysia and Thailand are willing to accept and protect Vietnamese marks using Latin characters. This creates injustice in the protection of intellectual property, going against the principles of equality and reciprocity in international relations.
Creating barriers to building and maintaining global brands:
In a globalized economy, building and maintaining global brand recognition is a key factor to success. A famous brand with its original script (e.g., McDonald’s logo with Chinese characters) will have difficulty expanding into the Vietnamese market while maintaining brand consistency. Requiring changes or additions just to meet registration requirements in Vietnam is unreasonable, costly, and reduces the effectiveness of brand communication.
The rationale for “less common languages” is no longer valid:
Initially, this regulation was based on the difficulty in recognizing non-Latin scripts, but with the strong development of translation technology, AI, and character databases, recognizing and processing non-Latin characters is now completely feasible. Furthermore, the learning and use of languages such as Chinese, Korean, and Japanese in Vietnam is becoming more and more popular. Therefore, the current problem is not “unrecognizable”, but the willingness to invest in tools and training to overcome this challenge.
A Call for Change: Ensuring Fairness and Promoting Economic Development
Accepting trademark registration in the original scripts of popular languages in international trade such as Chinese, Korean, and Japanese is not just a change in administrative regulations, but an important step to remove outdated legal barriers, create a fair investment environment, and enhance Vietnam’s position in the international arena. This not only helps Vietnam integrate with international practices, but is also a practical action to promote trade, investment, and build a more transparent and fair business environment.
Therefore, it is time for Vietnamese intellectual property law to take strong and timely steps to address this issue, creating an open and favorable legal environment for domestic and international enterprises, while promoting the development of trade and investment in Vietnam.
