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 “First to use” or “first to file” Principle in Trademark Application in Vietnam

In Vietnam, “first to file” principle is applied, that is far cry from so-called “first to use” countries.


The “first to file” principle means rights in a trademark generally are acquired only through registration therefore a trademark owner can apply to Trademark registration without having used it anywhere and at any time.



Trademark rights are generally acquired through use in some other countries.


All in all, these treaties built up a harmonized system that benefits the international firms to protect their Trademark outside of the home nation.


The local qualified Intellectual Property Agent in Vietnam might support the international firms in overcoming the barrier of language and these additional requirements.


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