Trademark refusal due to violation of distinctiveness

A trademark is an identification mark of goods belonging to a business, distinguishing them from those of competitors. Not all symbols or signs can be valid trademarks; there are criteria that a mark must meet for trademark protection. Marks that cannot distinguish goods or services cannot be registered, which is a common reason for refusal. This article analyzes specific legal regulations in Vietnam regarding refusal of trademark protection due to lack of distinctiveness, linking this analysis to practical implications in Vietnam to identify limitations and propose recommendations to the Vietnamese legal system.