Can a cooperative use the name of a socio-political organization as its own name? no?

How is the name of a cooperative regulated?

According to Article 7 of Decree 193/2013/ND-CP stipulating the name of cooperatives as following:

– The cooperative name is written in Vietnamese or Latin characters except special characters, can be accompanied by numbers, symbols and begins with the phrase “cooperative” followed by the cooperative’s proper name.

– Cooperatives can use industries, lines of business or other auxiliary symbols to form the name of the cooperative.

– The name of the cooperative must be written or attached at the headquarters, branches, and representative offices of the cooperative. The name of the cooperative must be printed or written on transaction papers, documents and publications issued by the cooperative.

– The cooperative registration agency has the right to refuse to approve the proposed registered name of the cooperative if that name does not comply with the provisions of Article 8 of this Decree.

– The cooperative registration agency is responsible for publicizing the name of the registered cooperative; For cooperatives registered before this Decree takes effect that have confusing names, the cooperative registration agency encourages and creates favorable conditions for cooperatives with identical and confusingly similar names to negotiate with each other to register a name change or add a place name to serve as a distinguishing factor for the name.

Accordingly, the case of identical names and confusing names is stipulated in Clause 14, Article 1 of Circular 07/2019/TT-BKHDT as follows:

– Before registering the name of the cooperative, the cooperative shall refer to the names of registered cooperatives in the National Database on cooperative registration. Cooperatives must not have a cooperative name that is identical or confusing to the name of another cooperative registered in the National Database on cooperative registration nationwide, except for cooperatives that have been dissolved or have had an effective decision of the Court declaring the cooperative bankrupt.

– Cooperatives operating under the Business Registration Certificate or Cooperative Registration Certificate issued before the effective date of this Circular may continue to use the registered cooperative name and are not required to register a name change. The cooperative registration agency encourages and creates favorable conditions for cooperatives with identical and confusing names to negotiate with each other to register to change the name of the cooperative or add geographical names to distinguish the name of the cooperative.

– The cooperative registration agency has the right to approve or reject the proposed registered name of the cooperative according to the provisions of law and the decision of the cooperative registration agency is final.

Can a cooperative use the name of a socio-political organization as its own name?

According to Article 8 of the Decree 193/2013/ND-CP regulates the prohibitions in naming cooperatives, as follows:

– Naming the full name, abbreviated name, or name in a foreign language of a cooperative is identical or confusing with the full name or abbreviated name or name in a foreign language of another cooperative registered nationwide.

– Setting full names, abbreviated names, names in foreign languages ​​infringes on industrial property rights to trade names, trademarks, geographical indications of other organizations and individuals according to the law on intellectual property.

– Using the names of state agencies, people’s armed forces units, names of political organizations, socio-political organizations, political-social-professional organizations, socio-professional organizations to make all or part of the proper name of the cooperative or cooperative union.

– Using names of famous people, words, symbols that violate the historical, cultural, ethical traditions and fine customs of the nation.

Based on the above regulations, in cases where a cooperative uses the name of a socio-political organization as its own name, it is prohibited in naming the cooperative, so the cooperative is not allowed to use it as its name.

How is the name of a cooperative protected?

According to the provisions of Article 12 of Decree 193/2013/ND-CP on the protection of cooperative names as follows:

The name of the cooperative is protected nationwide from the time the cooperative registration certificate is issued.

Thus, when naming cooperatives, they must comply with the regulations on naming in Article 7 of Decree 193/2013/ND-CP. In addition, cooperatives need to pay attention to prohibited cases in naming cooperatives, which include using the name of a socio-political organization as the cooperative’s own name. The name of the cooperative is protected nationwide from the time the cooperative registration certificate is issued.