1. Subjects are subject to the first-to-file principle

According to Article 90 of the Intellectual Property Law 2005, amended and supplemented in 2009 and 2019, the first-to-file principle applies to protect the rights of the subject filing the application earlier than other subjects for the same registered object. protection of industrial property rights.

The first to file principle is the principle used to protect industrial property rights including:

• Invent.
• Industrial Designs.
• Design and layout of semiconductor integrated circuits.
• Brand.
• Tradenames.
• Geographical indication.
• Business Secrets

2. Cases of using the first to file principle in trademark registration

2.1. Inventions and designs overlap

In case there are many identical or equivalent patent applications; industrial designs that are identical or not significantly different from each other, the protection title will only be granted for the invention or industrial design in a valid application with the earliest priority date or filing date among the eligible applications. Conditions for granting a certificate of protection.

2.2. Trademarks overlap

In cases where there are many applications from many different people to register identical or confusingly similar trademarks for identical or similar products or services, or in cases where there are many applications for the same For those who register identical trademarks for identical products or services, the protection title will only be granted to the trademark in a valid application with the earliest priority date or filing date among the applications that meet the conditions. sue to be granted a certificate of protection.

In addition, in case there are multiple registration applications that meet the same conditions for being granted a protection title and have the same priority date or earliest filing date, the protection title will only be granted to the subject of one application. only among those applications by agreement of all applicants; If no agreement can be reached, the respective subjects of those applications will be denied protection titles.

3. Principle of first filing in trademark registration

According to Article 91 of the Intellectual Property Law amended and supplemented in 2009 and 2019, applicants for registration of inventions, industrial designs, and trademarks have the right to request priority rights on the basis of the first application to register. protect the same object if the following conditions are met:

• The first application has been filed in Vietnam or in a country that is a member of an international treaty with provisions on priority rights to which the Socialist Republic of Vietnam is also a member or has an agreement to apply such provisions. with Vietnam
• The applicant is a Vietnamese citizen or citizen of another country specified in Point a of this Clause residing or having a production or business establishment in Vietnam or in another country specified in Point a of this Clause.
• The application clearly states the request for priority rights and submits a copy of the first application with confirmation from the agency that received the first application;
• The application is submitted within the time limit set in the international treaty to which the Socialist Republic of Vietnam is a member.
• In addition, in an application for registration of a patent, industrial design or trademark, the applicant has the right to claim priority on the basis of many different applications filed earlier, provided that the content must be indicated. Correspondence between applications filed earlier and the content in the application.

4. Meaning of the first to file principle

In order to protect the rights of subjects who file applications earlier than other subjects for the same subject of industrial property rights such as inventions, trademarks, industrial designs.

Ensure that an object of industrial property rights is granted to only one person.

Encourage creative entities to register for protection of their intellectual products as soon as possible.