MỘT số GIẢI PHÁP NHẰM HOÀN THIỆN QUẢN TRỊ THƯƠNG HIỆU HÀNG dệt MAY XUẤT KHẨU của tập đoàn dệt MAY VIỆT NAM e

LUẬN VĂN THẠC SĨ

MỘT SỐ GIẢI PHÁP NHẰM HOÀN THIỆN
QUẢN TRỊ THƯƠNG HIỆU HÀNG DỆT
MAY XUẤT KHẨU CỦA TẬP ĐOÀN DỆT
MAY VIỆT NAM


TABLE OF CONTENTS
FOREWORD
+ Secondary data: Internal reports, customer management software of Vietnam
National Textile and Garment Group, statistical data of General Statistics Office of
Vietnam............................................................................................................................8
The Thesis is outlined as follows:....................................................................................9
Foreword..........................................................................................................................9
Chapter 1: Overview of brand administration.................................................................9
Chapter 2: Current status of band name of export textile and garment articles of
Vietnam National Textile and Garment Group................................................................9
Conclusion.......................................................................................................................9
2.1. Overview of Vinatex:..............................................................................................37
2.1.2. Vinatex in general................................................................................................37
Vinatex is a bunch of multi-holding companies, comprising parent Company - Vietnam
National Textile and Garment Group; training and research units and nearly 120
subsidiaries, associates of joint stock companies, specializing in multi-fields from
production and trading in textile and garment articles and service business; have
wholesale and retail distribution system; financial investment, investment in textile and
garment production …...................................................................................................37


LIST OF FIGURES

Figure
+ Secondary data: Internal reports, customer management software of Vietnam
National Textile and Garment Group, statistical data of General Statistics Office of
Vietnam............................................................................................................................8
The Thesis is outlined as follows:....................................................................................9
Foreword..........................................................................................................................9
Chapter 1: Overview of brand administration.................................................................9
Chapter 2: Current status of band name of export textile and garment articles of
Vietnam National Textile and Garment Group................................................................9
Conclusion.......................................................................................................................9
2.1. Overview of Vinatex:..............................................................................................37
2.1.2. Vinatex in general................................................................................................37
Vinatex is a bunch of multi-holding companies, comprising parent Company - Vietnam
National Textile and Garment Group; training and research units and nearly 120
subsidiaries, associates of joint stock companies, specializing in multi-fields from
production and trading in textile and garment articles and service business; have
wholesale and retail distribution system; financial investment, investment in textile and
garment production …...................................................................................................37


LIST OF TABLES
+ Secondary data: Internal reports, customer management software of Vietnam
National Textile and Garment Group, statistical data of General Statistics Office of
Vietnam............................................................................................................................8
The Thesis is outlined as follows:....................................................................................9
Foreword..........................................................................................................................9
Chapter 1: Overview of brand administration.................................................................9
Chapter 2: Current status of band name of export textile and garment articles of
Vietnam National Textile and Garment Group................................................................9
Conclusion.......................................................................................................................9

2.1. Overview of Vinatex:..............................................................................................37
2.1.2. Vinatex in general................................................................................................37
Vinatex is a bunch of multi-holding companies, comprising parent Company - Vietnam
National Textile and Garment Group; training and research units and nearly 120
subsidiaries, associates of joint stock companies, specializing in multi-fields from
production and trading in textile and garment articles and service business; have
wholesale and retail distribution system; financial investment, investment in textile and
garment production …...................................................................................................37


ABBREVIATES
- WTO (World Trade Organization)

: World Trade Organization

- NCKH

: Science technology

- VTEC

: Viet Tien

- SNG

: Russian Federation

- AFTA (Asean Free Trade Area)

: ASEAN Free Trade Area

- VCCI

: Vietnam Chamber of Commerce and
Industry

- VINATEX

: Vietnam National Textile and Garment
Group

- MFN (Most Favoured Nation)

: Most Favoured Nation

- NAFTA (North- America Free Trade Area)

: North- America Free Trade Area

- NHHH

: Goods brand


COMMITMENT
The Thesis "Textile and Garment Brand Administration of Vietnam National
Textile and Garment Group" is my own research work. The data and results herein are
collected by me and I utilize knowledge I have learnt and exchanged with my science
supervisor for my completion of this Thesis.
Hanoi, October 2013

Nguyen Van Dan


FOREWORD
1. Necessity of subject
Brand issue has become a hot one more than ever before. Many seminars,
conferences have been organized, many papers and articles and websites have regularly
mentioned aspects regarding the brand, attracted interests and attentions from
community of enterprises, agencies of state management. Hence, the brand is a new
thing or a necessary demand, an unchangeable trend that makes Vietnam enterprises
must understand to manage and develop them?
In fact, there are so many companies in the world have deeply aware that brand
is a very big property. Brand is a facility that recognizes, protects and expresses
outcome of enterprise. Brand brings about stability and development of share market,
enhances comparativeness, creates reputation and makes profits. Building and
developing brand for these companies is not a short-term task, it requires sweat and
intelligence of many generations. Hence, it shall be not surprised that many brands
have much valuable that properties and materials.
However, many Vietnam enterprises, textile and garment enterprises included,
brand administration and development is still a new and strange issue. Some
enterprises just pay attention to their production but a very valuable property “Brand”.
Some enterprises think that brand administration is so simple as much as giving a nice
name, they do not know that it is a long process, requiring continued efforts and
needing supports from special methods and skills.
For these reasons, the author selects "Textile and Garment Brand
Administration of Vietnam National Textile and Garment Group " as my graduation
thesis.
2. Objectives and tasks of research:
Objectives of research of the subject are to give out solutions for improving

brand administration of Vietnam textile and garment articles to enhance its
competitiveness, capacity of production of textile and garment articles in the


international market as well as goods sales in the local market when Vietnam becomes
a WTO member. To complete these objectives, the tasks of research to be done are:
- Systematize basic reasoning issues of brand and bran management.
- Evaluating situation of brand administration of Vietnam textile and garment
industry in general and Vietnam National Textile and Garment Group in particular.
- Basing on the development objective of Vietnam textile and garment export
and orientation of building brand, proposing solutions for brand administration of
Vietnam textile and garment articles.
3. Objects and scope of research
Objects of research of this subject are issues relating to brand name and
activities of brand name which are being carried out in Vietnam National Textile and
Garment Group.
4. Method of research
- The thesis uses method of research: Analysis, collection of information, secondary
data exploited from information database of the company, internet.
- Data resource:
Primary data: The author surveys manager of Vinatex, uses statistical tool Google
Analytics as well as the data processed basing on customer database of the Company.
+ Secondary data: Internal reports, customer management software of Vietnam
National Textile and Garment Group, statistical data of General Statistics Office
of Vietnam.
5. Structure of subject
Other than the foreword, conclusion, references, main contents of the subject are
divided into 3 chapters:

The Thesis is outlined as follows:
Foreword
Chapter 1: Overview of brand administration
Chapter 2: Current status of band name of export textile and garment articles of
Vietnam National Textile and Garment Group.
Chapter 3: Some solutions for improving brand name of export textile and
garment articles of Vietnam National Textile and Garment Group
Conclusion


CHAPTER 1
OVERVIEW OF BRAND ADMINISTRATION
1.1. Overview of brand
1.1.1. Concept of brand
Brand is a concept in customers of product, manufacture symbols are affixed on
packages in order to affirm their quality and origin. Brand is combined with ownership
of producers and is usually authorized to official commercial representatives.
Brand is understood as a name combined with a product or a producer.
Nowadays, brand is getting more important in culture and economy. Genuine articles
are considered as “personal cultural and philosophical ones” .
1.1.2. Structure of brand
A brand can be structured by two parts:
- Pronounceable part: They are factors to be readable and affect hearing of
listeners.
- Unpronounceable part: They are factors to be unreadable but experienced by
hearing such as figures, symbols, colors.
1.2. Importance of Brand
1.2.1. For customers:
Brand is very significant for customers. Thanks to experiences for products and
marketing programs of such products, customers are knowledgeable about brands.

Customers shall realize which brands are satisfied with their demand and which are not
satisfied with. Hence, brand is a tool that may help customers make rapid decisions
whether should by such product or not.


Hence, due to rapid decision making factors, once customers have determined that
which “strong brands” are, others shall be difficult to compete with them, although factors
of quality may be equal.
Strong brands may be considered as a symbolic tool so that customers can
affirm product value.
Therefore, product consumption is combined with strong brands so that
customers can communicate with other people or even themselves - person type they
want to direct.
In short, for customers, special significance of brand is to change their
awareness and experience of products. Same products can be differently evaluated by
customers basing on their trust in brand.
1.2.2. For Enterprises:
- Investments brand shall bring about products specific properties which are
different from other products. Because strong brand shall commit a quality rank of
product that meets customer demand and helps customers seek products more easily
and conveniently, so the Company shall build customer loyalty to its products. In a
fierce competitive environment as present, loyalty to products is getting more
important. Loyalty helps the Company control the market, makes obstacles to other
companies who want to penetrate into its market.
- Once owning a strong brand, Enterprises can hire employees at low cost from
developing countries to be in charge of processing. Companies with strong brands shall
gain profits because cost for production is low, cost price is high because finished
products are labeled with famous brands.
- Besides, if Enterprises have strong brands, doing business with foreign
partners shall be simpler and less costly.

- Whereas, if there is no brand, Enterprises shall be more difficult.
1.3. Functions of Brand


- Market classification: Brand plays an active role in the strategy of market
classification, this is the first task of the process of building brand because it shows
what message such brand wants to pull string via its products and services. Enterprises
give out a bunch of ideal properties of strengths, benefits and characters of products or
services so that they match demand of each specific group of customers, therefore, the
Company must give out specific signs and differences on its products to attract interest
of potential customers.
- Create differences during the process of product development: Brands shall be
known when products are produced and launched to the market. Brand plays a role as
protective shield for a renovation in form of intellectual protection that expresses
dynamics, recreation and continued renovation.
- Make products into customer mind. Realizing a brand affects awareness of
products in the future.
- Create a direction and significance for products: Brand contains inside
information about product. A big brand must transmit strategic contents, orientations,
commitments and create reputation in all markets.
- As a commitment between producers and customers: Brand promotion
programs are considered as the same to the customers. If the Company does so what
they have committed and makes customers satisfaction when consuming its products, it
is likely that its brand shall be given with nice feelings and royalty to customers.
1.4. Content of Brand administration
1.4.1. Concept of Brand administration
Brand administration includes all decisions on brand by Enterprises which starts
from building and developing brand to registering for brand protection and exploitation
in the business.
1.4.2. Activity of Brand administration

1.4.2.1. Building brand


a. Brand name
This is the most basic and important factor of a brand. Brand name is a short
and highly effective tool of communication. Once customers memorized a brand name,
this memorization is very difficult to forget. Nowadays, selection of a brand name
becomes difficult. Annually, many brands of product are registered. Before this fact,
many experts of brand design realized that nice brand names have been registered.
Hence, brand should be consulted and reviewed carefully before being selected,
especially to avoid repeat, similarity of registered brand names.
Giving a name for a brand is a combination of science and art, accordingly,
brand name must be satisfied with all of the following conditions:
- Simplicity and readability
A simple and readable brand name shall be easy to be kept in customer mind
that helps customers rapidly realize same products in the market. Pronounceability and
spelling shall help such brand name be easy to be passed down orally and help
customers be easy to read it when doing shopping. Let’s imagine that when customers
must read a lengthy, complicated name, especially the same of foreign factors, it is
likely that they shall be afraid and confused. As a result, customers shall avoid these
brand names. While the Company must waste efforts and costs to “train” so that their
customers can read its brand name correctly.
- Friendliness and meaningfulness
Brand name shall become more clear and impressive because it connects a
specific person, place name, animal or thing. Imagination shall increase awareness and
last memory of brand and product.
- Difference, prominence and uniqueness
Difference of a brand is an advantage for competitive ones. To have a different
and prominent name, many companies selected letters and combined them into a name
which has not ever been known, even it has not contained in dictionary.

- Capacity of looking back
Brand name is the best tool of transmitting information directly to customers in
terms of properties and benefits of products. In specific cases, brand name is also used
as a key tool in the product description, market segmentation and location.
There are studies about customer attitude show that brands comprise logo,
symbol which can create strong impressions, high identifiableness and memorability.
Also like brand name, logo can make us look bank a company and its products through
advertisements. The more abstract logo is, the more different, unique it is and hence, it
is very easy to realize and memorize. However, these logos have a disadvantage that
many customers can not understand what they represent for. Hence, the Company
should have communication programs to explain meaning of its logo.
Logo has high flexibility so it can be adjusted in conformity with each period.
Flexibility of logo also allows to be passed over geographical border and different
cultural regions without any difficulty.
b. Slogans
Slogans must be designed in conformity with the objectives of building brand
value. What are objectives of brand managers? They are to strengthen, introduce
products, suggest and push shopping motivation, consolidate brand position and
location. With different objectives, slogans must be designed and regularly updated in
conformity with each period and advertising target (introduction advertising, guiding
advertising and maintenance advertising).
Slogans are considered as flexible and convertible factor of brand in the course
of time. However, when changing slogans, brand managers should take into
consideration of the following questions:
- How does current slogan contribute to the brand value through enhancing
awareness and image of brand?
- What are these contributions or should they be kept?

- If any, should new slogan inherit outstanding advantages of the old?
c. Characters
When seeking and building brand personality, brand managers should be very
flexible, especially in case that characters are expressed by a specific person such as
famous movie star or football player. At that time, such symbol should be regularly
renovated. This is very right for fashion, cosmetic articles. Main reason is that
famousness of stars can not be lasted forever. Besides, many possible risks may appear
in sentiment and attitude of the public to such star - brand characters. For example:
When a famous singer has not been sympathized with other people, the products she
advertises shall be not sympathetic from the public. At that time, brand characters shall
cause reverse effects. This is on only note in building characters as important part of
brand.
d. Jingles
Due to its available properties, jingles are not highly transferable as other
factors. Jingles also can be transmitted benefits of brand in just indirect and abstract
form. Besides, jingles can not be added to logo and symbol, jingles may not affixed on
product package, panels, posters. Hence, jingles mostly are used but in clever form, it
brings about lots of strengths.
e. Packaging
For customers and producers, packaging must be satisfied with the following
requirements:
- Must determine and express brand
- Transmit persuasive information about products.
- To be in favor of transport and storage.
- To be in favor of consumption and storage of products at home.
The fact shows that, packing design is getting more important and is an integral
part in building products as well as brands.

One in the most important factors in packing design is to select and combine
colors. According to designing experts, naturally, in customers’ mind, language of color
has been formed.
1.4.2.2. Registration of brand name and brand protection
Label registration, brand protection and use within the territory of Vietnam are
provided in the Law on Intellectual Property. Besides, Vietnam is also a member of
Paris Convention and Madrid Agreement. Hence, Vietnam enterprises can register for
labor protection and brand use in member countries of these Convention and
Agreement. Enterprises can register for goods label protection on the national or
international scale within the scope of business. As a result, the regulations on
registration are divided as per the national and international protocol.
Enterprises should know that to be protected brand in the local market,
protection registration under the national protocol is just required. But for being
accepted in foreign countries, basing on the regulations in most of countries, such
brand must be registered for protection in Vietnam and the procedures for brand
registration must be carried out in accordance with the regulations on brand registration
in these countries or the same of the international conventions or agreements, in which,
Vietnam is a member and the country of the brand applicant must be a member of such
conventions or agreements or the same in the bilateral agreements relating to the
intellectual property protection.
An Enterprise who registers for goods brand protection under the national
protocol shall be not protected in foreign countries but there are many different
regional and international agreements can allow such goods brand to be protected in
foreign countries through submitting applications in each country which the Enterprise
intends to use such brand in the market.


Figure 1.1: Process of goods brand registration under national protocol
Submission
of

application
Testing form

Vamping
Wrong

Request for
vamping

No vamping

Withdrawn
application

application
Ineligible
application

Notice of
unacceptable
application

Claim

Office of
Intellectual
Property

Eligible
application

Claim

Debut

Ministry of
Science and
Techology

Court

Acceptance of eligible application
Vamping
Testing contents

Application
requesting
vamping

Request for
vamping

Refusing to issue
Certificate of
protection
Meeting protection
registration
requirements

Claim

Successful applicant for protection registration

Registration
of Certificate
of protection
registration

Withdrawn
application

No claim

No meeting
protection
requirements

Notice of fee
payment

No vamping

No paying fees

Withdrawn
application

Declaration of
Certificate of
protection

registration

Office of
Intellectual
Property

Claim

Ministry of
Science and
Technology

Debut

Court


1.4.2.3. Registration of brand name in Vietnam
Process of goods brand registration in Vietnam is as follows:
+ Preparing application for goods brand protection registration, paying registration fee:
- Enterprises fill all information in a form promulgated by Office of Intellectual
Property of Vietnam and supplied without charge to Enterprises.
- Enterprises must classify goods, services as per catalogues of goods and services
under Nice Agreement. If they fail to classify or wrongly classify, registration office
shall do so at their cost;
- Enterprises pay charges, fees for brand protection registration in accordance with the
regulations as well as the same for appraisal of contents, charge for registration and
issue of certificate of brand protection registration…
+ Complete and return file for goods brand protection registration.
- To be felt in consideration of issuing goods brand protection registration, Applicants

should prepare all documents at the request of the issuing agency. File for brand
registration in Vietnam comprises kinds of documents which must be submitted right
after the registration and these documents must be submitted within three months as of
the date of registration.
- Documents for brand registration are submitted at the competent agency of Vietnam.
File for brand protection registration in full is submitted in person or by post to the
brand protection registration agency under the national protocol.
- Depending on capacity and condition, enterprises can submit application for brand
protection registration themselves or do the same through services of industrial
property representative.
+ Settle any matter arising in connection with the goods brand protection registration.
-

For being issued with Certificate of goods brand protection registration to

Applications for goods brand protection registration, competent agency (Department of


Copyright) must organize a series of activities. If application for certificate of brand
protection registration is in full, eligible and goods brand has not violated the
regulations, within three months as of the date of submitting application for goods
brand protection registration, enterprises shall be declared by the registration office that
their application is accepted.
- If the application is not eligible, the registration office shall refuse to consider it.
When an application for goods brand protection registration of enterprise is refused,
enterprise must understand reason then vamp shortcomings or reject reason of refusal
of the certificate issuing agency.
+ Receive certificate of goods brand protection registration
If application for goods brand protection registration of enterprises has been
satisfied with the standards for protection, the issuing agency of goods brand protection

registration shall request them submit the application for registration. When being
issued with the certificate, to affirm the right granted as well as to exploit benefits of
the registration for goods brand protection, enterprises should rapidly announce their
certificate of goods brand protection registration on necessary mass media.


Figure 1.2: Process of review duration of application for goods brand test
Submission
of
application

Vamping

Testing form

Wrong

Request for
vamping

No vamping

Withdrawn
application

application
Ineligible
application

Notice of

unacceptable
application

Claim

Office of
Intellectual
Property

Eligible
application

Claim

Debut

Ministry of
Science and
Techology

Court

Vamping

Testing contents

Application
requesting
vamping

Request for
vamping

No meeting
protection
requirements

No paying fees

Claim

Withdrawn
application

Office of
Intellectual
Property

Claim

Ministry of
Science and
Technology

Debut

Court

Enteprise

Office of
Intellectual
Property

Paying fees
Registration
of Certificate
of protection
registration

Withdrawn
application

No claim

Refusing to issue
Certificate of
protection
Meeting protection
registration
requirements

Notice of fee
payment

No vamping

Declaration of
Certificate of
protection

registration

Other
agencies

Source: Dao Cong Binh, 2007, Youth
Publishing House


Process and duration of consideration of goods brand application:
Basing on the regulations in the Circular No. 3055/TT-SHCN dated 31-2-1996 by
the Ministry of Science, Technology and Environment (now called as Ministry of
Science and Technology), application for certificate of goods brand shall be tested by
Office of Intellectual Property by two phases: Testing form and testing content and
duration for this is 12 months:
- Testing form: After the preliminary processing, the application shall be under
testing form with duration 3 months as of the date of submission. During the testing
form, the application may be considered as ineligible.
- Ineligible application: The application is considered as ineligible if it has one in
the following shortcomings:
The application is made in any language other than Vietnamese (unless otherwise
provided herein); in the application, no all information about the applicant is not given
or the applicant does not subscribe his hand signature or signature without
confirmation, information about the representative is deleted (in case of authorization);
applicant is not entitle to submit the application; the application is submitted not in
accordance with the regulations in Article 14 of the Decree No. 63/CP; power of
attorney is just copy without its original added later in a specific period (if the
application is submitted by the authorized); the application is missing that makes it
ineligible and although Office of Intellectual Property requests for vamping, the
application fails to do so or do so but no satisfaction; object in the goods bran is not

protected by the State.
- Application is eligible: The application is considered as eligible if it does not
contain one in the aforesaid shortcomings. In case that it has the following
shortcomings, Office of Intellectual Property shall notify the applicant of such
shortcomings and within 2 months as of the date of notice, the applicant vamps such
shortcomings, as a result, such application is eligible. Maybe, the application has not


enough quantity of one in the required documents; the application has not satisfied
with homogeneity; the application does not specify kind of brand to be registered,
description of brand is missing, list of products is not classified or wrongly classified;
information about the applicant in the documents are not similar or deleted; charge for
application submission has not been paid yet.
- Testing contents of application
Testing content of the application shall be done by Office of Intellectual
Property as follows:
Application of brand registration is acceptable in terms of form, Office of
Intellectual Property shall carry out testing the contents herein to evaluate capacity of
being protected of the goods brand mentioned in the application under the protection
standards provided by law within 9 months as of the date of application submission and
this application is considered as acceptable in form. In this duration, Office of
Intellectual Property shall notify Result of content test to the applicant.
If goods brand has not satisfied with the protection standard, in the Notice of
content test, Office of Intellectual Property shall specify reason for refusal of issuing
Certificate of protection and fix 2-month duration as of the date of notice so that the
applicant gives out his opinion.
If the goods brand has satisfied with the protection standards but it violates the
protection or the application has shortcomings, in the notice of content test, the Office
shall specify these and fix 2-month duration as of the date of notice so that the
applicant can give out his opinion then vamp them.

If the goods brand is satisfied with the protection standards, in the Notice of
content test, Office of Intellectual Property shall request the applicant paying fees or
charges and complete the final steps for issuing certificate of goods brand protection
registration.
1.4.4.2. Registration of brand name under Paris Convention


Paris Convention on industrial property protection (Paris Convention) was
signed on 20/3/1883 in Paris which was considered in Brussels in 1900, in Washington
in 1911, in La Hay in 1925, in London in 1934, in Lisbon in 1958, in Stockholm in
1967 and amended in 1979. Up to 22/04/2004, there are 168 member states of this
Convention. Paris Convention applies to industrial property, including patent, label,
industrial model, useful pattern, brand name, geographical instruction, instruction of
origin and name of origin and anti-unfair competition. The regulations of Paris
Convention mentions to 4 big issues:
- National Treatment
Paris Convention provides that for indusial protection, each member state must
devote its citizen of other member state same protection like the same for its citizens.
Same National Treatment must be devoted for citizens of the non-member state of
Paris Convention if they reside in a member state or if they have business
establishment in a member state. The regulations on national treatment are not only for
protecting rights of foreigners but also assure that they are not discriminated in any
form relating to the industrial property protection. In respect of the national treatment,
the Convention also gives out certain exclusions, such as the same of national law
relating to the procedures for proceedings and administration procedures, jurisdiction,
selection of transaction address or reserved appointment of representative.
- Preferential right:
Paris Convention provides preferential rights to patent, useful pattern, brand and
industrial model. In particular, basing on the first legal application submitted in one in
the member states, in a certain period (12 months for patent and useful pattern, 6

months for brand and industrial model), Applicant can submit the request for protection
in any other member state and ones to be submitted later shall be considered as that
they would be submitted on the same day of the first one. Alternatively, the
applications to be submitted later shall have preferential rights for the applications


which may be submitted by other applications in the said preferential period for such
patent, useful pattern, brand and industrial model.
Withdrawal or refusal of the first application does not relieve the possibility of
being granted with preferential rights of the applicants. The applicants can request for
the preferential rights from many applications as well as request for enjoying
preferential rights from part of a previous applicant.
- General rules relating to brand that all member state must strictly comply with.
Brand
Paris Convention does not provide conditions of submission and brand
registration and devotes this for national law of member states. Once brand is
registered in a member state, such registration shall be independent with the same in
any other member state, country of origin included. Hence, if registering brand
becomes void or null in a member state, it shall not affect validity of the registration of
such brand in other member states.
When brand is registered in the country of origin on a legal basis, such brand
applicant can submit application for protection in other in a form which is different
from the initial one of such brand. However, the registration may be refused on some
certain cases, for example, the brand infringes right of registration of any third party,
brand is not able to differentiate, brand is in opposition to ethics or public order or
brand is able to swindle the public.
Each member state must refuse the registration, cancel the registration or forbid
to use brands of bear copies or to be translated with possibility of mistake with any
brand which is famous for the competent agency of the State for the goods with same
kind.

If without consent of brand owner, agency or representative of brand owner in
some member states still submits the application for brand registration for them in
other member state, the brand owner is entitled to object the registration or request for


canceling such registration or propose to transfer such registration to it unless such
agent or representative defend its action.
1.4.4.3. Registration of brand name under Madrid Convention
To giving protection for the goods in many countries in the world without submitting
separate application in each country, enterprises can register its goods brand under
Madrid Agreement.
Madrid Agreement on international brand registration was signed in Madrid in
1891. Vietnam joined this Agreement on 08/3/1949. Vietnam joined both of documents
of Madrid “agreement” and “Protocol”. All individuals, legal people, other subjects of
Vietnam can register for international goods brand under both of documents of Madrid
“agreement” and “Protocol”.
Under this Agreement, citizens of member state of the Agreement can register
for their goods brand in many member states by submitting an only application to the
International Office of World Intellectual Property Organization (WIPO).
However, enterprises should meet the conditions such as they are issued with
Certificate of goods brand registration in their countries. The international office shall
announce application for brand registration and specify names of member states which
applicants can request for goods brand (nominated country).
The nominated country must consider then make decision on acceptance or
refusal to issue Certificate of brand registration within 1 year. If after 1 year, the
nominated country does not have idea, it is automatic that such country agrees with the
brand registration.
To be registered for brand protection under Madrid Agreement, it is necessary
for such brand to be issued with Certificate of brand registration in Vietnam before
completing the procedures for registration under the document of Madrid Agreement.