Procedures for registration of trademark protection in Vietnam

Trademark plays an important role in the business activities of the enterprise, helping to position products and services in the minds of customers as well as make a difference in the market. In the current competitive context, trademarks are easily violated by illegal acts, easily affecting business results of enterprises. According to the provisions of the Intellectual Property Law 2005 (amended and supplemented in 2009), a trademark is an intellectual property that needs to be protected and the legal basis to protect it is a trademark registration certificate.

Trademark registration services in Vietnam

1. Conditions for a trademark to be registered for protection

Article 72 of the Intellectual Property Law 2005 stipulates that trademarks are protected if the following conditions are met:

a) A visible sign in the form of letters, words, drawings, images, including holograms or a combination thereof, expressed in one or more colors.

b) Having the ability to distinguish the goods or services of the trademark owner from the goods and services of another subject.

2. Procedures for registration of trademark protection

2.1. Look up trademarks (optional)

In order to assess the ability to register a trademark and save time for enterprise, it is necessary for the applicant to conduct a trademark search before filing an official registration application. This is to determine if the trademark of an enterprise is identical or similar to that of another registered trademark for the same or similar products.

Search time: 02 days.

For searching, the applicant should provide the following documents: 05 trademark samples; List of branded goods/ ervices.

2.2. Trademark registration (brand / logo):

If the search results show that the trademark is not identical or similar to the trademark of any registered individuals or organizations, the applicant should submit a trademark registration application in the fastest time to have priority dates soon.

2.3. Time of trademark registration:

The application for trademark registration will go through three stages:

a) Examining the form of trademark registration applications:

During this period, if the application satisfies the requirements, the National Office of Intellectual Property (NOIP) will confirm the date of valid application, the number of valid applications, the priority date of the application and notify the applicant of the decision to accept the application. If there are deficiencies, the NOIP will notify the applicant and within two months from the date of notification, the applicant must correct the deficiencies.

Time limit for formality examination: 03 months from the date of application to the NOIP.

b) Publication of the registration application: 02 months from the date the application is formally accepted.

If the application is valid, it will be published by the NOIP in the Industrial Property Official Gazette. This gazette is published monthly.

c) Substantive examination: 07 months from the date of publication of the mark registration application

At this stage, if the application is recognized as valid, there is no dispute or complaint when it is published, the NOIP will notify the applicant of the fee for substantive examination. Then the NOIP will conduct the evaluation. The purpose of substantive examination is to determine whether the object stated in the application meets the protection standards prescribed by law.

Time for substantive examination: 09 months from the date of notification of acceptance of valid application.

If the result of substantive examination shows that the trademark of the applicant is likely to register, the NOIP will issue a Protection Title within 1 month thereafter.

3. Application dossier for trademark registration

a) A trademark registration declaration.

b) Documents, specimens, information showing the trademark intended to be registered.

c) Power of attorney (if the application is submitted through an intellectual property representation organization).

d) List of products and services that the enterprise intends to use the trademark.

e) A notarized copy of the enterprise registration certificate, investment certificate if the owner is an organization, the identity card or other equivalent papers of the individual owner.

f) Receipt of fees and charges.

The term of protection of trademarks is 10 years from the date of filing of applications. The owner of a protection title may extend it many times. Procedures for renewing a trademark protection certificate are carried out at the National Office of Intellectual Property.

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