Both foreign and local applicants are allowed to register trademark in Vietnam. The process of registering trademark in Vietnam shall include the following steps.
1. Step 1: Conducting trademark search in Vietnam.
It is an optional process of trademark registration in Vietnam. Its purposes are to:
+ Checking the availability of your trademark before officially registering trademark in Vietnam;
+ Amending or changing your trademark after receiving your trademark search result if the search result shows that your trademark is confusingly similar to other already registered trademarks;
+ Avoiding the infringing to rights of other registered trademarks;
+ Saving time and budget.
The trademark applicant could conduct a basic trademark search (not updated) on the published website of The National Office of Intellectual Property (NOIP) here. Otherwise, the trademark applicant could hire ASL LAW to conduct a comprehensive trademark search with legal opinion on the result.
2. Step 2: Registering trademark in Vietnam (estimated total time: 13-18 months)
The process of registering trademark in Vietnam shall include the three stages:
+Stage 1: Filing new trademark application in Vietnam
It shall take one day to get the application number and the filing date of trademark application in Vietnam.
You could check the form of Vietnam trademark application here to have further information.
+ Stage 2: Examining the formality of Vietnam trademark application
After filing your new trademark application in Vietnam, the NOIP shall check the formality of the Vietnam trademark application. The NOIP shall issue the decision on accepting the legitimate of the trademark application or not within 1-2 months from the filing date.
If the formality is not acceptable, NOIP shall issue notification of required correction and require trademark applicant to correct within 02 months from the issuing date.
+ Stage 3: Publication of Vietnam trademark application on IP Gazette
NOIP shall publish Vietnam Trademark application on Vietnam IP Gazette within 02 months from the formality acceptance date. Then, any third party could file opposition to the published trademark application, if necessary.
+Stage 4: Substantive examination of registering trademark in Vietnam
The NOIP shall issue the Notification of registrability of the Vietnam trademark application within 9-12 months (could be longer) from the publication date of the trademark. There are two types of notification:
- Type 1: Allowance of the trademark registration in Vietnam. It means that the Vietnam trademark application meets the protection criteria in Vietnam. Then, the trademark applicant shall have two months to pay the fee of trademark certificate issuance.
- Type 2: Rejection of the trademark registration in Vietnam. If the trademark application is refused, the trademark applicant shall need to respond to this refusal within three months. Which could be extensible
+ Stage 5: Trademark Certificate Issuance in Vietnam
Within 1-3 months from the paying of trademark issuance fee in Vietnam, the NOIP shall grant registration of trademark certificate in Vietnam. Hereafter is the sample of trademark certificate in Vietnam for your reference:
The trademark shall be valid for 10 years counted from the filing date of trademark application in Vietnam and could be extended for unlimited times.
What trademark services could ASL LAW provide to clients?
ASL LAW could profile full services of registering trademark in Vietnam including but not limited to:
+ Conducting trademark Search in Vietnam with a comprehensive result.
+ Advising the trademark application on other IP related issues prior to officially registering trademark in Vietnam.
+ Filing trademark in Vietnam: following the trademark application, watching and report on any office action to the trademark applicant.
+ Trademark opposition in Vietnam.
+You could also see our other Intellectual property services here.