Trademark

PROCEDURE FOR FILING TRADEMARK IN VIETNAM

Trademark is one of the intangible properties but may bring a grand tangible value to enterprise’s business practices. According to the law, trademark is any sign used to distinguish goods or services of different organizations or individuals. That sign shall be a visible sign in the form of letters, words, drawings or images including holograms or combination thereof, represented in one or more colors. A visible sign which shall be eligible for protection when it is capable of distinguishing, does not deceive customers and does not conflict with protected rights of others such as: trademarks, trade names, geographical indications and industrial designs. Ordinarily, mark is often known as “brand”.

Trademark Examination Procedure

Filing the application

Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a mark registration through a lawful representative in Viet Nam.

Foreign applicants can obtain a mark registration in Viet Nam by filing an international application with the International Bureau of the World Intellectual Property Organization (WIPO) which designates Viet Nam through the Madrid Agreement or the Madrid Protocol or both of them.

Required documents

- The name and address of Applicant

- The sample of Trademark

- The list of goods/services

- The notarized priority document (if any)

- The Power of Attorney – simply signed by the representative of applicant

 The first-to-file principle

Viet Nam has adopted the first-to-file system, i.e. where two or more applications are filed by many different parties for registration of the same mark, the registration may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all required conditions; where there are two or more applications satisfying all the conditions and having the same earliest priority or filing date, the registration may only be granted to a single application out of these applications under an agreement by all applicants. Without such an agreement, all these applications shall be refused for the grant of a mark registration.

Accordingly, it is advisable to file an application for a patent as soon as possible after the invention and not to make the invention public before filing the application.

 Formality examination

An application for a mark registration filed with the IPVN shall be subject to formality examination for evaluating its validity. The time limit for formality examination of an application is one (1) month from the filing date.

Publication of the application

Within 2 months as from the date the application is accepted as formally valid, it will be published in the Industrial Property Official Gazette for oppositions and comments of third parties. Applicants shall pay a fee for such publication.

Substantive Examination

The purpose of substantive examination of mark applications is to assess the eligibility of objects claimed in the application under the requirements and corresponding protection scope. An examination will be carried out by examiners of the NOIP within 9 months from the date of publication.

 Issue the Mark Registration Certificate

Within 10 days after applicant pays fully and on time the prescribed fees and charges, the NOIP shall carry out the procedures for granting the Mark Registration Certificate.

Validity of protection of registered trademark

Trademark is protected within 10 years from the application submitting day and could be unlimited extended after the validity termination.

In case you require more information or require advice on Trademarks as well as other IP matters in Vietnam, please do not hesitate to contact us via Mail: rubby@ipcells.com