CHANG TSI
Insights
Vietnam's refusal to register purely Chinese trademarks may seem at first glance to be due to difficulties in language recognition. However, it is believed that a deeper investigation from multiple dimensions such as historical evolution, cultural identity, legal framework, and Sino-Vietnamese relations will reveal more profound underlying causes. This article will analyze the root of this issue in depth from the perspectives of the long-standing historical connection between Vietnam and China, the evolution of culture, the impact of colonial rule, and the complex state of contemporary relations between the two countries, based on personal research.
Historical origins between Vietnam and China and the profound influence of Chinese characters
The connection between Vietnam and China can be traced back more than two thousand years. Since the Qin and Han dynasties, the northern part of Vietnam (then known as Jiaozhi) was incorporated into the territory of China, becoming a subordinate region of China. In the following millennia, Vietnam remained under Chinese rule, and Chinese characters consequently became the official language of Vietnam as well as the core medium for its culture. Vietnam's ancient texts, administrative documents, and legal systems were mainly written in Chinese characters, which had an extremely profound impact on the development of the Vietnamese language, the construction of its culture, and the shaping of its social structure.
However, by the early 10th century, Vietnam successfully broke free from the direct rule of China and established its own independent dynasty. From then on, Vietnam gradually developed a sense of national identity. Although Chinese characters still held an important place in Vietnamese culture, Vietnam began to explore the uniqueness of its own culture and gradually developed a local writing system based on Chinese characters—Chữ Nôm—to express the Vietnamese language. This cultural shift marked the beginning of Vietnam's gradual detachment from the Chinese cultural system to strengthen its own national identity.
Colonial rule led to a fundamental change in the writing system.
At the end of the 19th century and the beginning of the 20th century, Vietnam fell into French colonial rule. During the period of French colonial administration, Chinese characters and Chữ Nôm were gradually marginalized, and the Vietnamese language (Quốc Ngữ) became the official language. The French colonizers, with the aim of cultural control, vigorously promoted the spread of Vietnamese written in Latin alphabet to replace Chinese characters and Chữ Nôm. This transformation not only fundamentally changed Vietnam's writing system but also further weakened the status of Chinese characters in Vietnamese society.
Today, the official language of Vietnam is entirely the Vietnamese language written in Latin alphabet, and Chinese characters have gradually become a historical relic, preserved only in a small number of academic research and traditional cultural fields. The vast majority of the Vietnamese people are no longer able to recognize Chinese characters, which has significantly reduced the practical application value of Chinese characters in Vietnam.
Vietnam's cultural identity and the "othering" phenomenon of Chinese characters
The attitude of Vietnam towards Chinese characters is not merely a linguistic issue, but also concerns cultural identity and historical memory. As a former vassal state, Vietnam was for a long time under the strong influence of Chinese culture. Although Chinese characters were once a part of Vietnamese culture, they also carry Vietnam's historical memory of foreign rule. With the continuous strengthening of Vietnam's sense of independence, Chinese characters have gradually been seen as "foreign culture," and have even become the opposite of Vietnamese national identity.
This shift in cultural identity is particularly evident in contemporary Vietnam. Vietnam places a strong emphasis on the independence of its own culture and strives to clearly delineate its cultural system from that of China. This nationalist sentiment is reflected in Vietnam's language policies, such as the refusal to accept registrations of purely Chinese trademarks. This indicates that Vietnam is trying to maintain its independence in the fields of language and culture, and to avoid excessive infiltration of foreign cultures.
The complexity of Sino-Vietnamese relations and their practical impact
The relationship between China and Vietnam has developed over a thousand years, featuring both close cultural exchanges and conflicts and confrontations. Contemporary Sino-Vietnamese relations are particularly complex, with both the practical needs for economic cooperation and the challenges posed by historical contradictions and geopolitical games. The following aspects are related to Vietnam's policy of refusing to register purely Chinese trademarks:
The impact of the memory of historical wars: In 1979, a border war broke out between China and Vietnam, which had a profound impact on the national psyche of Vietnam. Vietnam's wariness of China is reflected at the socio-cultural level, and Chinese characters, as an important symbol of Chinese culture, might be seen by Vietnam as a form of potential cultural infiltration.
Competition and precaution in economic cooperation: China is one of Vietnam's largest trading partners, but this economic cooperation is also accompanied by competition and precaution. Vietnam may be concerned that Chinese companies could use purely Chinese trademarks to gain a dominant position in the Vietnamese market, thereby impacting domestic enterprises. Refusing to register purely Chinese trademarks can to some extent protect local businesses while also preventing the excessive expansion of Chinese cultural symbols in the Vietnamese market.
Considerations of language policy uniformity: The Vietnamese government, citing the inability of the Vietnamese public to recognize Chinese characters, refuses to register purely Chinese trademarks in the field of trademark registration. This is not just a technical issue, but also reflects the Vietnamese government's attempt to strengthen the uniformity of its language policy and prevent heterogeneous cultural symbols from influencing Vietnamese society.
Legal system and technical factors
Vietnamese trademark law clearly stipulates that trademarks must be recognizable and understandable by the Vietnamese public. Since Chinese characters are no longer part of Vietnam's official language system, purely Chinese trademarks cannot meet this legal requirement. Vietnam's trademark registration policy emphasizes the recognizability and cultural adaptability of the language, which leads to legal obstacles for the registration of Chinese character trademarks in Vietnam.
Additionally, the primary function of a trademark is to distinguish the source of goods or services, and purely Chinese trademarks may not effectively fulfill this function in Vietnam, as Vietnamese consumers may have difficulty understanding the brand or product information represented by the trademark. This technical factor further reinforces Vietnam's policy of refusing to register purely Chinese trademarks.
Conclusion
Vietnam's refusal to register purely Chinese trademarks may seem on the surface to be an issue of language recognition, but the deeper reasons encompass historical changes, cultural identity, the legal system, and the complexity of Sino-Vietnamese relations. Vietnam was once deeply influenced by Chinese character culture, but with the rise of independence consciousness, changes brought by colonial rule, and the evolution of contemporary Sino-Vietnamese relations, Chinese characters have been gradually marginalized in Vietnam and even viewed as a symbol of foreign culture.
This phenomenon reminds us that language and writing are not only tools for communication but also important carriers of cultural identity and historical memory. When enterprises engage in cross-border business activities, they should fully understand the cultural background and legal system of the target market to avoid adverse effects on brand promotion due to cultural differences or historical factors. In the Vietnamese market, Chinese companies can register trademarks using the Vietnamese language or an internationally common language, which not only complies with Vietnamese legal regulations but also better integrates into the local market, promoting further deepening of Sino-Vietnamese economic cooperation.