Lawrel is pleased to introduce the presentation “Exploitation and Protection of Rights to Motion Trademarks in the E-commerce Environment” by Ms. Dang Nguyen Phuong Uyen, LL.M., a Legal Counsel at Lawrel. The paper was presented at the national conference, “Effective Exploitation of Intellectual Property Rights for Socio-Economic Development in Vietnam’s Era of Growth,” organized by the Ho Chi Minh City University of Law and the Intellectual Property Office of Vietnam (under the Ministry of Science and Technology).
In the context of the booming e-commerce and digital economy, motion trademarks – trademarks with moving elements or animations used to identify products/services – are appearing more frequently. However, Vietnamese law currently lacks specific regulations for the protection of motion trademarks. This creates difficulties in establishing rights, enforcement, and legal defense for this type of trademark in the online environment.
The presentation focuses on analyzing the concept, characteristics, and the registrability and protection of motion trademarks. It assesses the legal gap in Vietnam and references several international legal systems (such as the EU, US, and the Philippines) that have already recognized and protected motion trademarks. Based on this analysis, the author proposes the development of a suitable legal framework to protect intellectual property rights for motion trademarks in the digital space, thereby promoting transparent and fair e-commerce.