REGISTRATION OF WEBSITE DOMAIN PROTECTION

A domain name is a unique identifier for a website operating on the Internet, serving as a “digital address” that allows users and systems to accurately locate and access the corresponding site. Much like a physical address or postal code, a domain name enables browsers to route traffic to the correct server where the website is hosted. Given its commercial value and strong brand recognition potential, a domain name is highly susceptible to misappropriation or unauthorized use. To safeguard legal rights and prevent potential disputes, domain name owners may register the domain as a trademark in accordance with intellectual property laws.

Methods of registration for website domain protection

Pursuant to the Intellectual Property Law 2005 (amended and supplemented in 2009), website domain names can be protected as a trademark or as the principal component of a domain name registered for use with the Intellectual Property Office.

A trademark, in this context, refers to a distinctive sign used to differentiate the goods or services of one organization or individual from those of another.

Issuance procedure for registration of website domain protection

Implementation conditions:

A trademark is eligible for protection if it meets the following conditions:

– It is a visible sign presented in the form of letters, words, drawings, images, including three-dimensional forms or combinations thereof, expressed in one or more colors.

– It has the capability to distinguish the goods or services of the trademark owner from those of other entities.

Process for registration of website domain protection:

– Step 1: The applicant prepares and completes the application file, providing all required information.

– Step 2: Submit the application to the Intellectual Property Office.

– Step 3: The application undergoes substantive examination upon request.

– Step 4: Receive the decision on issuance of the certificate of protection.

Required documents:

– The application for registering website domain name protection as a trademark must include the following documents:

+ Trademark application, which includes the list of goods and services associated with the trademark.

+ A depiction of the trademark to be registered.

+ Documents proving the right to register (such as a business registration certificate, agreement or contract, confirmation letter, consent letter, establishment decision or license, organizational charter, etc.).

+ Authorization letter for submission (if applicable);

+ Receipt or documentation showing payment of the registration and application fees;

+ For collective or certification trademarks, the application must include regulations on the use of collective trademarks or certification trademarks.

+ Documents proving the right to use or register special signs in the trademark including evidence for trademarks containing special signs such as names, symbols, flags, emblems of organizations, certification marks, inspection marks, warranty marks, character names, figurative elements, trade names, geographical indications, awards, medals, or distinctive symbols associated with the product, or signs falling under the protection scope of another party’s industrial design.

Note: Each application may request the issuance of a trademark registration certificate for one trademark to be used for one or multiple goods or services.

Time of processing:

+ Publication of the application in the industrial property aazette: within 2 months from the date the application is deemed valid.

+ Substantive examination period: within 9 months from the date of publication of the application.

+ Issuance of the trademark registration certificate: within 1 month after the substantive examination.

Result of registration for website domain protection:

The trademark registration certificate.

>> TRADEMARK INFRINGEMENT, HOW TO DETERMINE? https://linconlaw.vn/trademark-infringement-how-to-determine/

>> DOSSIERS FOR WEBSITE PROGRAM FRAMEWORK COPYRIGHT REGISTRATION https://linconlaw.vn/dossiers-for-website-program-framework-copyright-registration/