APPELLATIONS OF ORIGIN

GENERAL INFORMATION

Definition: A protectable under the Vietnam Law appellation of origin of goods is  a geographical name of a country or a locality, where the goods are manufactured, provided that such goods have the unique characteristics or qualities reflecting the specific or advantageous geographical conditions of natural and human characters or a combination thereof.

Where the said country is not Vietnam or the said locality is in a foreign country, then its geographical name is protectable as an appellation of origin in Vietnam if it is under the same protection in the home country or locality.

Unprotectable Appellation of Origins:

Instructions related to origin of goods not being geographical names (including symbolic signs of the country or locality in which such goods originated which are not geographical names of such country or locality). 

An appellation of origin of goods which has become the common name of goods and is no longer functioning as instructions related to the origin of such goods.

Applicant: The right to file an application for registration of an appellation of origin shall belongs to any individual or entity having production or business activities in respect of the products with peculiar characters, quality in a country or locality with a geographical name qualified as an appellation of origin as mentioned above. A foreign individual or entity that has been protected an appellation of origin in the home country may seek registration of that appellation for use for his or their products in Vietnam. The right to apply for registration of an appellation of origin may not be assigned or transferred.

Form and Term of Protection of Appellation of Origin:

An Appellation of Origin of goods is protected in the form of Certificate of Right to Use of Appellation of Origin. The Certificate shall take effect for an indefinite period from the granted date.

Rights conferred from Certificate of Right to Use of Appellation of Origin

The person who has been granted the right to use an appellation of origin under a certificate shall be entitled to (i) use the appellation of origin for his or her products, and (ii) request the relevant State authorities to compel another person illegally using the appellation of origin to cease from the use and compensate for damage suffered.

The right to use an appellation of origin shall be by no means assigned or licensed to another person.

Examination: All applications for appellations of origin shall be examined as to form within 3 months from the filing date and as to substance within 9 months from the date of acceptance of the application. If the appellation of origin is found to be registable, the certificate of the right to use appellation of origin shall be issued.

REQUIREMENTS

I. Filing application

1. Order letter contains the following information:

1. Full name and registered address and nationality of the applicant.

2. English translation or transliteration in Roman characters of the  Geographical Name of the locality applied for protection as appellation of origin

3. List of goods bearing the appellation of origin

2. Documents:

1. A notarized Power of Attorney from the applicant to AMBYS.

2. A copy of the title of protection of the appellation of origin granted by the country of origin or a document of the country of origin certifying that the rights of the applicant is currently protected in the country of origin (in case the appellation of origin comes from a foreign country).

3. An explanation of the specific characteristics or qualities of the products bearing the appellation of origin with certification by a State competent authority. (not required if the appellation has been previously registered or is from the foreign country)

4.  A document of the competent authority certifying that the products produced or traded by the applicant have specific characteristics and quality attributed to and are produced in the country or locality of the geographical name.   (the copy is accepted at filing, the original is required within 3 months from the filing date) (not required if the appellation has been previously registered)

5. A copy of map of the territory corresponding to the appellation of origin, on which the place where the applicant produces or conducts business is indicated. (not required if the appellation is from the foreign country)

II. Recordal of change of Name/ Address.

1. A certified true copy or notarized Certificate of change in name/ address;

2. A notarized Power of Attorney from applicant in the new name and address to AMBYS

3. Original Certificate on the Rights to Use the Appellation of Origin;

4. Details on the application number and application date, name and address of applicant regarding pending applications.