Trademarks play a crucial role in building brand identity and are often valuable intangible assets. Using a variant trademarks to keep the brand fresh and attract customers is a common strategy, but it carries significant legal and business risks if not managed carefully. This article of PLF Law Firm will clarify the concepts of trademarks and variants, along with the risks involved in using such variants, especially during the waiting period for trademark registration.
1. Trademarks and their variants
A trademark is a visible sign, such as words, images, letters, numbers, or a combination of these elements, used to distinguish the goods or services of one organization or individual from those of others.
A trademark variant involves minor modifications to the original trademark to fit business strategies or market trends. Variants can include:
- Color variants: Changing the colors to align with advertising strategies.
- Image variants: Adjusting logos, symbols, or image sizes.
- Layout variants: Altering the arrangement of elements within the trademark.
- Language variants: Translating the trademark for international markets.
Although, using variants can refresh the image, improper usage may result in a loss of trademark consistency and lead to legal issues.
2. Risks of using trademark variants
Businesses using trademark variants may face both legal and business risks. These risks can not only affect the trademark’s validity but also jeopardize the reputation and protection of the brand:
- Risk of losing trademark protection: If a business uses a variant instead of the registered version, the original trademark could be considered “not in use” and may face cancellation. Specifically, if the registered trademark is not used within five years of receiving protection, a third party may request the cancellation of the trademark.
- Confusion and reduced distinctiveness: Using variants can disrupt brand consistency, leading to doubts about product quality and causing consumers to struggle with recognition, which reduces trust and loyalty.
- Risk of disputes: If a variant involves changes in structure, appearance, or pronunciation, it could lead to confusion with third parties’ registered trademark, violating their intellectual property rights. If deemed an infringement, the business may face administrative and civil penalties, including fines and damage compensation that could amount to billions of VND.
- Difficulty in protecting trademark rights: If the variant is not registered, the business will have difficulty protecting it against copying or infringement. Courts or authorities may not recognize the variant as a registered trademark, meaning it will not be protected.
- Risks during the trademark registration process:
- Using an unregistered variant will not provide legal protection for the variant, making it difficult to stop third parties from copying it. If a similar trademark has been registered, the business will find it hard to defend its rights as the official trademark is not yet protected.
- Registering a variant that differs from the registered trademark may lead to rejection or delay in the registration process.
- Businesses will lose priority rights for unregistered variants and the opportunity to protect them in the case of disputes with competitors may be absent
3. Key considerations when registering and using trademark variants
To optimize the value and protect legal rights, businesses should consider the following factors:
- Thorough research and public opinion evaluation: Before using a variant, businesses should conduct research and consult consumers, partners, and industry experts to ensure that the variant maintains its sufficient brand recognition and market acceptance.
- Assess distinctiveness of the variant: Businesses must ensure that the trademark variant does not infringe on third-party intellectual property rights.
- Register the variant: To mitigate legal risks, businesses should apply to register the trademark variant with the Intellectual Property Office.
- Avoid using the variant before legal protection: To minimize risks, businesses should refrain from using a variant before receiving trademark registration approval.
- Maintain consistency: While using a variant, businesses should ensure consistency between the original trademark and its variant, avoiding significant changes that lead to major differences.
- Seek expert advice: Modifying and registering variants should involve consultation with legal and intellectual property experts to ensure compliance with legal requirements.
In conclusion, careful evaluation, registration, and use of trademark variants not only help businesses protect their intellectual property assets but also maintain brand reputation and competitiveness in the market.
At PLF Law Firm
Protect your brand and ensure its long-term success. PLF Law Firm offers expert advice and comprehensive services to help the business safeguards the trademark from infringement. Visit our Intellectual Property Service page for more information or to schedule a consultation on trademark registration.
Contact PLF Law Firm today via email at inquiry@plf.vn or +84913 902 906 to receive a Free 30-Initial Minute Consultation.
Time of writing: 25 July 2025
PLF Law Firm
