Vietnam Intellectual Property and Trademarks

Vietnam IP Lawyer
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Vietnam Intellectual Property Application

Is your business looking for Vietnam intellectual property application and/or trademark application?

Vietnam has a comparatively strong intellectual property (IP) framework. It includes several multilateral agreements and other relevant bilateral trade agreements. Additionally, there is a legislative framework for intellectual property rights (IPR) in Vietnam and procedures for registering IP.

To grow with the development of the global economy, Vietnam’s National Assembly passed the Law on Intellectual Property Rights in 2005. It was amended and supplemented in 2009. Currently, 3 major IP rights are protected in Vietnam. These are:

  1. Copyright and related rights;
  2. Industrial property rights;
  3. Rights in plant varieties.

Next, there are procedures to follow for intellectual property applications or trademark applications. For Vietnam intellectual property rights(IPR), multi-class and categories applications are acceptable. For example, an application can be filed for more than one class of goods or service. However, class headings or general description of goods/services is no longer acceptable. Do not worry about how to go about that, allow us to advise you on how to proceed and protect your IP.

In conclusion, to avoid any delay or inconvenience, identification, classification and accuracy of information are critical during application. 


Vietnam Trademark Applications

Vietnam Trademark Application Information/ Documents Required:

  1. Full name and address of the Applicant;
  2. A phonetic transcription/transliteration and identification of the language used should be indicated if there are any elements of the trademark with wording other than in Roman characters;
  3. A detailed specification of goods and/or services and its corresponding international class, if known;
  4. Five (12) clear prints/specimens of the mark of a size, which is not more than 80x80mm and not less than 15x15mm;
  5. Number Application and filing date of the basic application if a convention priority is claimed.
  6. Original Power of Attorney, which is simply signed by the Applicant. No notarization or legalization is required;
  7. A certified true copy of the basis application and its sworn Vietnamese translation (if a convention priority is claimed);

 

Basic Procedure in Obtaining a Trademark Registration in Vietnam

 

Stage 1: Trademark Application Initial Examination

Firstly, your trademark application is subjected to examination within 1 month from its filing date. However, it may be extended to 2 months due to the workload of Vietnam Trademark Office.

During this process of examination, your trademark application will be examined on the accuracy of information, proper classification of goods e.t.c. If your trademark application is rejected due to insufficient or inaccurate information, you will be given 1 month for amendment or correction.

Lastly, if your trademark application meets all the requirements, an official acceptance letter will be issued to you. Any other related information of the trademark application will be recorded accordingly.

 

Stage 2: Trademark Application Publication (Pending Period)

In this stage, your application is then published in the National Gazette within 2 months from the signing date of the Acceptance Date. This is for opposition purposes. During this period, any third party shall be entitled to file opposition(s) against pending application(s) with the NOIP.

 

Stage 3: Trademark Application Final Examination

At this stage, the application is examined further. There are criteria for protection such as distinctiveness, availability, etc. The result thereof is expected available within 9 months from the publication date.

After the trademark meets the protection criteria, the NOIP will issue the Decision on Intention to grant a Certificate of Trademark Registration and request for application fee. On the contrary, if it does not meet the protection criteria, the NOIP shall issue a Notification of Refusal. 2 months will be given for the applicant to respond. In this scenario, we will assist you for further response and or actions to be taken.

If the applicant does not file a response to NOIP’s Notification or the response is not accepted, the NOIP will issue a Decision on Refusal. In this scenario, 90 days are given for the applicant to proceed with an appeal if any.

 

Stage 4: Trademark Registration in Vietnam (final Stage)

Fees for granting and publication must be paid within 1 month as from the signing date of Decision on Intention to grant a Certificate of Trademark Registration. Subsequently, NOIP shall issue a Certificate of Trademark Registration and forward the original to the applicant. If no fee is paid, the application will be irrevocably dismissed. 

In Vietnam, the legal protection of a trademark begins from date the Certificate of Trademark registration is granted. It is valid for a period of ten (10) years from its filing date and can be renewed for consecutive periods of ten years.

The registered trademark needs not be in use in Vietnam at the time of registration. However, it is vulnerable to expunction if it is not used for five (5) consecutive years. If the mark is used or re-used at least 3 months prior to the date of the request for termination by any third party, the mark will likely avoid invalidation.