These are 5 steps to register trademark in Vietnam: Step 1: Conducting a trademark search. Step 2: File the trademark application, Step 3: Follow up trademark registration, Step 4: Granting protection certificate or respond to the refusal notification, Step 5: Renewing the validity of the trademark registration certificate
WHAT IS TRADEMARK REGISTRATION?
Trademark registration in Vietnam is a legal procedure applying for the exclusive right to use the trademark, mark in the specific field(s) of goods and services at the National Office of Intellectual Property. The procedure of the trademark registration includes the following steps: Conduct the trademark search, File the trademark application; Follow up the records, Grant protection certificate or respond to the refusal notification, Renew the trademark certificate.
HOW TO REGISTER TRADEMARK 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 the following steps
Total Time: 30 days, 10 hours and 5 minutes
Step 1: Search for the possibility of trademark registration
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
Trademark registration dossier include:
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 3: 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 4: Grant protection 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 5: Renew the validity of the 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.
DIFFERENCE OF ANS LAW WHEN REGISTER TRADEMARK IN VIETNAM
- ANS Law Firm is an Industrial Property Representative with over 10 years of experience. We have filed more than 3460 (N0) applications (as of December 2019).
- ANS Law firm supports preliminary search and advice (free of charge).
- ANS Law follows up the records and assists clients in responding to Intellectual Property or third party comments.
- Package costs, not incurred.
- International trademark registration.
HOW TO CONTACT ANS LAW?
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REGISTER TRADEMARK IN VIETNAM – FAQ
How many classes can be listed in an application?
Unlimited number of class. Vietnam accepts multi-class trademark application.
Should I separate the logo and the word into 02 applications?
Yes, if you are able to do so. Because, according to the current law and regulations, a trademark is protected exactly as it was represented in the application. That means if you register the logo and the word together, you will have to use the logo and the word together in practice, while the trademarks usually change over time. Not to mention the case where either part is rejected, the applicant will have to amend the application (and it is not certain that this amendment will be accepted).
How much does it cost for registering 01 trademark for 1 class in Vietnam?
Total: 130$ (from filing to granting)
What are required documents ?
– Power of Attorney (only signed, no Legalization, No Notarization)
– The sample of Trademark.
– List of Goods/ Services.
– The information of Applicant.
– Priority documents (if yes)
– Other document (letter consent, co-owner agreement)