Directive No. 04/CT-KHKT on Rectifying Management of Product Trademarks

DIRECTIVE

OF THE MINISTRY OF INDUSTRY

Regarding the adjustment of trademark management

Using trademarks truthfully and in accordance with the law is an indispensable requirement for production and business units in a multi-sector commodity economy operating under a market mechanism, to protect the rights of trademark owners while protecting consumer rights, combating counterfeit goods production and consumption, and contributing to enhancing business civility.

In this field, the State has issued several regulatory documents, including:

- The Ordinance on the Protection of Industrial Property Rights dated February 11, 1989;

- The Trademark Regulation, promulgated pursuant to Decree No. 197/HĐBT dated December 14, 1982, amended and supplemented by Decree No. 84/HĐBT dated March 20, 1990 of the Council of Ministers (now the Government);

- The Licensing Purchase Regulation promulgated pursuant to Decree No. 201/HĐBT dated December 18, 1988 of the Government;

- Circular No. 163/TT-SHCN dated November 15, 1994 of the Ministry of Science, Technology and Environment guiding the approval and registration of license transfer contracts;

- Decree No. 140-HĐBT dated April 25, 1991 of the Council of Ministers stipulating the inspection and handling of counterfeit goods production and trade.

At the international level, our country has signed and joined the Paris Convention for the Protection of Intellectual Property and the Madrid Agreement Concerning the International Registration of Marks.

Over the past two years, the Ministry has successively organized training sessions on the above-mentioned regulatory documents.

In recent years, domestic consumer goods have become increasingly diverse and plentiful. Implementing state regulations, most products now bear trademarks. Many high-quality and stable products have gained market trust.

However, some unhealthy phenomena have also emerged, such as producing counterfeit goods with trademarks, imitating trademarks, transferring trademark usage rights without proper legal procedures... causing harm to consumers and businesses whose trademarks are exploited.

To rectify the above situation and strictly enforce state regulations on trademarks, the Ministry of Light Industry requests units within the industry to implement the following actions:

1. All industrial products must register their trademarks and designs at the National Office of Intellectual Property under the Ministry of Science, Technology and Environment.

2. All products circulating in the market must be marked with quality standards and hygiene standards registered at Standardization, Metrology and Quality Control Centers and Sub-Centers in regions and provinces.

3. The transfer of trademark usage rights must be conducted based on contracts or licenses, approved by competent state authorities and registered at the National Office of Intellectual Property. Other procedures must comply with the Licensing Purchase Regulation.

4. Trademarks that have been granted exclusive rights and registered at the National Office of Intellectual Property are considered special assets. Units or individuals holding these rights must protect them, promptly detect violations, collect evidence, request economic courts to adjudicate, and compel violators to cease their actions and compensate for damages.

The Ministry requests relevant agencies of the Ministry, Provincial Departments of Light Industry and Small Industries to regularly inspect and strengthen promotional guidance work so that all production and distribution units comply with the law on trademarks.