Five (05) steps to register trademark in Vietnam: Step 1: Conducting a trademark search. Step2: File the trademark application, Step 3: Follow up trademark registration, Step 4: Getting registration certificate or respond to the refusal notification, Step 5: Renewal trademark registration certificate.
Time 3 hours and 30 minutes.
How to register trademark in Vietnam
Vietnam follows the first-to-file principle. If you want to protect your trademark in Vietnam, you have to get the trademark registration certificate in Vietnam. Trademark registration in Vietnam shall be carried out according to administrative procedures received and accepted by the NOIP. Accordingly, the procedure of the trademark registration includes five steps
- Step 1: Conducting a trademark search.
There are two options of trademark search:
The first option: Submit the trademark sample with the name of the product or business service (for example, the Trademark: Nokia for the phone product) to the ANS law firm for a Preliminary Search (Free of charge) .
The second option: Search online on the website of the National Office of Intellectual Property by following the link:
Search for similar cases of trademarks: For example: NOKIA; NOCIA; NOKYA …
Need to search for more similar services: For example, Phone, Phone trading, Software….
- Step 2: File the trademark application
Application (ANS Law will draft)
Sample of trademark (Please send via email or WhatsApp/Zalo/: 84972817669.
List of goods / services
Name and address of the application owner (owner)
Other documents to prove the right to register (If any)
Applicants can apply directly at the National Office of Intellectual Property in Hanoi or the representative office of the National Office of Intellectual Property in Da Nang, Ho Chi Minh City
Apply by post courier to the National Office of Intellectual Property or representative offices of the National Office of Intellectual Property of Vietnam.
Apply through the lawfirm. ANS Law firm is an Industrial Property Agent licensed by the National Office of Intellectual Property, which has full rights to assist applicants in conducting trademark registration procedures.
- Step Three: Follow up trademark registration records at the National Office of Intellectual Property
Usually, the procedure of the trademark registration includes the following steps: Formal examination of application (01 month) -> Publication of application (02 months) -> Substantive examination of application (09 – 12 months) -> Grant the certificate (1-2 months).
Follow up the record and actively update the status of records: CHECKS.VN
- Step four: Getting registration certificate or respond to the refusal notification
At the end of the process of substantive examination of application at Step 3 #, the NOIP will issue one of two notices:
Notification of substantive examination results: Agree to grant certificate and the applicant shall pay the granting fee within the prescribed time limit.
Notification of refusing partially or wholly the trademark application. Depending on the refusal, the applicant may choose one of the following answer options:
+ Analyzing and responding that the conclusion of the NOIP is not convincing.
+ Removing a part of trademark or product / service list to protect the remaining parts.
+ Please obtain the letter of consent from the cited mark owner.
+ Cancel the validity of the cited mark.
- Step five: Renewal trademark registration certificate
The certificate of trademark registration is valid for 10 years from the filing date. The applicant may extend this validity before 06 months or 06 months after the expiration of the certificate.
For example, the trademark was filed on January 10, 2010
The trademark will be valid for 10 years until 10/01/2020.
Accordingly, the owner conducts the procedure for extension from June 10, 2019 to July 10, 2020.
In case of successful extension of trademark, it will be valid until 10/01/2030.
Frequently Asked Questions of trademark in Vietnam
The applicant have to prepare the bellow documents:
– Sample of trademark (Soft copy sent by email)
– Name and address of Applicant.
– List of goods/services which are bearing the trademark.
– The Power of Attorney.
– Priority claim and priority documents (if any)
It often takes 14 to 18 months from filing date. The application will be pass 04 stages:
– Stage 1: Formal examination.
– Stage 2: Publication and opposition.
– Stage 3: Substantive Examination.
– Stage 4: Granting.
The total cost for registering a trademark for one class in Vietnam (in a smooth case) is 135 USD (include official fees and professional fees).
No. They can not.
They must file the trademark application through their lawful representatives in Vietnam by POA (Power of Attorney).
No, it optional.
Conduction a trademark search before filing trademark application in Vietnam will help you determine whether your trademark is registrable and whether your trademark infringes on other filed trademark application.