Sound trademark protection: First time applied in Vietnam
It may seem strange at first, but the protection of audio trademarks will open up opportunities for Vietnamese businesses to "polish" their product brands in a completely different way than before and contribute to limiting the risk of brand theft in the market.
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Brands are not only seen with the eyes
Unlike traditional brands that can be seen by the eye, sound trademarks are non-traditional trademarks that are not visually recognizable, including smell trademarks, taste trademarks or tactile trademarks, etc. Many people may find it strange, but in fact, there are Vietnamese businesses that have used this type of trademark, maybe even then they were not aware that it was a type of "trademark." For example the "Kangaroo" tune sung in a yodel style was very popular in the advertising of water purifiers of the Kagaroo company.
Although more complicated than traditional trademark protection, if applied properly, sound trademarks not only demonstrate the inherent function of a trademark which is to distinguish goods and services of an enterprise, but also contribute increase the ability to attract customers. Because sound has a more visual impact than other signs, it can convey the emotions and characteristics of the brand to consumers, creating a deeper connection. For example, the Unilver PLC company once registered for a trademark protection the sound "the sound caused by finger friction on the dishwasher", evoking the feeling of dishes being washed, creating an impression on customers.
Although it is a new object in Vietnam, the protection of audio trademarks has been popular in many countries around the world. “The US Lanham Act on Trademark Protection of 1946 was one of the first legal documents to provide for the protection of sound trademarks, the EU trademark protection statute also stipulates all All types of signs can be protected as trademarks”, Dr. Nguyen Thi Hoang Hanh, Deputy Director of the Center for Research, Training and Consulting Support (National Office of Intellectual Property, Ministry of Science and Technology) said in a workshop on amending the IP Law held by the University of Law of Ho Chi Minh City on last October 9.
The above issues of sound trademark have been studied for a long time and are gradually becoming reality through the project to amend the current Intellectual Property Law of Vietnam. “Because this is a new content, we must also pay attention to many related issues, such as training appraisers, consultants, enforcement officers, etc. to ensure the enforcement of rights to audio trademarks." Dr. Nguyen Thi Hoang Hanh emphasized. “In addition, we must also pay attention to training and propaganda activities so that businesses can properly understand the sound trademark. Experiences in many countries shows that when starting to protect audio trademarks, many foreign businesses have filed for registration, so businesses must pay attention to avoid infringing intellectual property rights.
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