Abstract

Bui Thi Thuy Linh

The act of registering trademarks in bad faith is becoming a major challenge for trademark protection systems not only in Vietnam but also worldwide. The Vietnamese legal system has made significant adjustments to identify and address bad-faith trademark registration, as reflected in the amended intellectual property law of 2022 and circular no. 23/2023/TT-BKHCN. These regulations help create a clearer legal framework, allowing authorities to refuse the issuance of protection certificates or to invalidate trademark registrations if there are signs of bad faith. More importantly, the current legal framework has partly overcome the limitations of the “first-to-file” principle, which previously facilitated trademark hoarding practices. This change also enables Vietnam to better comply with its international commitments while protecting the legitimate rights and interests of both domestic and foreign businesses operating in the country. However, there remain certain shortcomings that need to be addressed in order to further enhance the effectiveness of trademark protection mechanisms. In this article, the author will discuss the issue of bad-faith trademark registration, examine the current legal framework in Vietnam regarding this matter and propose solutions for its improvement.