Trademark registration in Vietnam

Trademark registration in Vietnam

Trademark registration in Vietnam is applicable to all individuals and organizations in need.

I. STEPS OF TRADEMARK REGISTRATION IN VIETNAM:

1. Reception of trademark registration applications:

Trademark registration applications in Vietnam are registered online via the website: http://dvctt.noip.gov.vn:8888/HomePage.do,  can be submitted directly or by post to the office of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang City.

2.Formality examination of trademark registration application:

The National Office of Intellectual Property of Vietnam examines the compliance with formality regulations on trademark registration application, from which to conclude whether the applications are considered valid or not.

3. Issuing notice of acceptance / refusal to accept the trademark registration application:

+ In case of valid application, The National Office of Intellectual Property of Vietnam will issue a notice of acceptance of the application;
+ In case the application is invalid, The National Office of Intellectual Property of Vietnam will issue a notice of refusal to accept the application.

4.Publication of the trademark registration application:

The trademark registration application is considered valid and will be published in the Industrial Property Official Gazette.

5.Substance examination of trademark registration application:

The National Office of Intellectual Property of Vietnam evaluates the protection of the object stated in the application according to the protection conditions, thereby determining the corresponding protection scope.

6. Making decision on granting/refusing to grant the trademark registration certificate:

+ If the object stated in the application does not meet the protection requirements, the NOIP will issue a decision refusing to grant the trademark registration certificate;
+ If the object stated in the application satisfies the requirements for protection, and the applicant paid full fee, the NOIP shall issue a decision to grant a trademark registration certificate, recorded in the National Register on industrial property, and published in the Official Gazette of Intellectual Property.

II. METHODS OF SUBMISSION OF TRADEMARK REGISTRATION APPLICATION:

- Online registration via website: http://dvctt.noip.gov.vn:8888/HomePage.do

- Submitting directly at the office of the National Office of Intellectual Property in Hanoi or 2 representative offices in Ho Chi Minh City and Da Nang City.

- Send by post office.

III. APPLICATION FILES FOR TRADEMARK REGISTRATION IN VIETNAM:

- Application files for trademark registration including:
+ Declaration (02 form)
+ Trademark model (09 models with dimensions of 80 x 80 mm);
+ Relevant documents (if necessary);
+ Receipt of fees and charges.
- Number of files: 01 (set).

IV. PROCESSING TIME FOR TRADEMARK REGISTRATION APPLICATION IN VIETNAM:

- Formality examination: 01 month from the date of receipt of the application;
- Publication of the application: 02 months from the date of accepting the valid application;
- Examination of application substance: 06 months from the date of publication.

V. PROCESSING AGENCY OF TRADEMARK REGISTRATION

 Intellectual Property Department of Vietnam.

VI. RESULTS OF PROCESS OF TRADEMARK REGISTRATION APPLICATION:

- Decision to grant/refuse to grant a trademark registration certificate.
- Trademark registration certificate.

VII. FEES OF TRADEMARK REGISTRATION APPLICATION

- Application fee: VND 180,000.
- Application publication fee: VND 120,000.
- Substance evaluation fee: VND 300,000.
- Certificate issuance fee: VND 120,000.
- Registration fee: VND 120,000

VIII. APPLICATION FORM, DECLARATION FORM:

Trademark registration declaration in standard form

IX. REQUIREMENTS AND CONDITIONS FOR TRADEMARK REGISTRATION APPLICATION IN VIETNAM:

- Entities and individuals that meet the following conditions are entitled to trademark registration:
+ Entities and individuals may register trademarks used for goods they produce or services they provide;
+ Entities and individuals conducting lawful commercial activities have the right to register trademarks for products that they have brought to market but produced by others, provided that producers do not use such trademarks for their products and do not object to such registration;
+ A legally established collective entity has the right to register collective marks for use by its members in accordance with the regulations on the use of collective marks; For signs indicating geographical origins of goods or services, the organization with the right to register is a collective organization of organizations and individuals conducting production and business activities in that locality;
+ Entities with the function of controlling and certifying quality, characteristics, origins or other criteria related to goods and services may register certification marks on the condition that they do not conduct production or business on such goods and services.
- Conditions of protection of trademarks:
+ A sign is visible in the form of letters, words, drawings, images or a combination thereof.
+ Ability to distinguish with trademarks of the same type of other entities
.
X. LEGAL DOCUMENTS FOR TRADEMARK REGISTRATION IN VIETNAM:

- Law on Intellectual Property No.50/2005/QH11 dated November 29, 2005;
- Decree No.103/2006/ND-CP of September 22, 2006 detailing and guiding the implementation of a number of articles of the Intellectual Property Law regarding industrial property;
- Circular No.01/2007/TT-BKHCN dated February 14, 2007 of the Vietnam Ministry of Science and Technology guiding the implementation of Decree No.103/2006/ND-CP;
- Circular No.22/2009/TT-BTC of the Vietnam Ministry of Finance stipulating rates, collection, remittance, management and use of industrial property charges and fees.

LAWYER VIETNAM LAW FIRM