Abstract

In the context of Viet Nam’s administrative reorganization, numerous familiar geographical names have officially disappeared from the administrative map. However, their disappearance in administrative terms does not necessarily mean that they have faded from consumers’ collective consciousness or from commercial practice. This article identifies a regulatory lacuna in the current intellectual property legal framework, namely the legal status of trademarks containing former geographical names following administrative boundary mergers. Through an analysis of inconsistencies in examination practice by competent state authorities, together with reference to comparative international experience, the article proposes both quantitative and qualitative criteria for improving the legal framework, thereby ensuring a balance between the legitimate interests of applicants and the public interest.

Keywords: Administrative boundary mergers, former geographical names, intellectual property, trademark protection, trademarks containing geographical elements.