Tiếng Việt
中文 (中国)
In the context of the modern economy, registering trademark is not only an essential step but also a crucial strategy to protect and develop the brand of an organization or individual. In Vietnam, the applicant needs to have a profound understanding of the process of registering a trademark exclusively in Vietnam to ensure a high success rate. In this article, we will explore the basic steps to register trademark in Vietnam exclusively.
Check the availability of the trademark
Before starting the registration process, the applicant needs to check whether the trademark they intend to register has been used in Vietnam before. The applicant can check through the trademark management agency in Vietnam, which is the National Office of Intellectual Property (NOIP).
To maximize certainty about the availability of the trademark, the applicant can conduct an optional trademark search. However, as this task requires expertise, it is advisable for the applicant to use the trademark search services provided by IP agent in Vietnam to obtain more definite answers regarding the availability of the trademark.
Gather necessary information and documents
To register a trademark exclusively in Vietnam, the applicant needs to prepare documents such as a description of the trademark, a list of products/services the trademark is intended to be used for, information about the owner, and relevant legal documents.
Preparing the necessary documents can be delegated to a Vietnam IP agent to ensure accuracy, avoiding errors that may lead to wasting time and money to amend the trademark registration application, potentially missing out on the best business opportunities.
After preparing all valid documents, the applicant needs to fill in all relevant information in the trademark registration application, provide the documents, and submit the application to NOIP.
Examination of the trademark registration application in Vietnam
NOIP will review the trademark registration application of the applicant to ensure that it meets legal requirements and does not conflict with previously registered trademarks or those with earlier filing dates.
After formal examination, NOIP will publish the applicant’s registration application. Within 18 months from the publication date, NOIP will conduct a substantive examination of the application content. If there are no objections or if the objections have been resolved, NOIP will accept the applicant’s registration application.
Throughout this process, NOIP may request the applicant to amend information in the application if necessary. Failure to respond promptly or providing incorrect, missing documents within the specified timeframe may result in the rejection of the registration application.
Issuance of trademark registration certificate by NOIP
After meeting the requirements and procedures, NOIP will issue a trademark registration certificate to the applicant. From then on, the applicant will have the exclusive right to use that trademark in the registered field in Vietnam.
In today’s business world, a trademark is not only a symbol but also a valuable asset. Registering a trademark in Vietnam not only helps protect the rights and brand of the applicant but also creates favorable conditions for business development and expansion.
By understanding the registration process, how to register a trademark in Vietnam exclusively, and complying with regulations and guidance from intellectual property representatives in Vietnam, clients can achieve their goals in protecting and enhancing the value of their trademarks in the Vietnamese market.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to info@aslgate.com.
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
