✅ What is a cited mark?
A cited mark is a previously filed or registered trademark that is presented by the Intellectual Property Office for comparison with your trademark during the substantive examination process.
If the Office believes that your trademark is identical or confusingly similar to the cited mark, they will intend to refuse or formally refuse your application.
✅ What to do if you encounter a cited mark?
When you receive a Notice of Intended Refusal due to a cited mark, you can choose one of the following options:
1️⃣ Submit a written explanation (oppose the refusal)
Argue that your trademark is different from the cited mark based on:
Text structure
Pronunciation
Meaning
Illustration
Product/service category
→ This is the most common option.
2️⃣ Modify the list of products/services
Remove goods/services that are identical or too close to the reference.
→ Reduce conflicts, increase the possibility of acceptance.
3️⃣ Request the reference owner’s consent (Letter of Consent)
Not required under Vietnamese law, but sometimes considered by the Office.
Depending on the goodwill of the reference owner.
4️⃣ Appeal the Rejection Decision (if officially rejected)
File the first appeal to the National Office of Intellectual Property.
If it is rejected again, you can appeal the second appeal to the Ministry of Science and Technology.
5️⃣ Change the trademark and file a new application
If the possibility of passing is low, you can file a new application with a different name/logo.
🔍 When is the risk of being blocked due to the reference high?
100% identical text or image trademark
Similar pronunciation
Similar or similar meaning
Used for the same or similar group
The owner of the reference is a large brand with a strong brand chain
