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Securing a trademark in Vietnam is crucial for businesses looking to protect their brand in a rapidly evolving market. This guide provides an in-depth look at the trademark registration process in Vietnam, covering everything from initial searches to final registration and important considerations to ensure your brand’s legal protection.
Why Register a Trademark in Vietnam?
Vietnam’s market is expanding rapidly, making it essential for businesses to protect their trademarks. Registering a trademark in Vietnam provides legal protection, enhances brand value, and helps prevent unauthorized use of your brand.
Key Benefits:
- Legal Protection: Secures your brand against infringement.
- Market Presence: Strengthens your brand’s position in Vietnam.
- Exclusive Rights: Grants you the exclusive right to use the trademark.
Step-by-Step Process of Trademark Registration in Vietnam
Step 1: Conduct a Preliminary Trademark Search In Vietnam
Before filing your trademark application in Vietnam, it is advisable to conduct a preliminary search to ensure that your desired trademark is not already registered by another entity.
Time Estimate: 2-4 weeks
Step 2: File the Trademark Application in Vietnam
Submit your application to the Intellectual Property Office of Vietnam (IPVN). The application must include:
Vietnam Trademark Registration: Required Documents
| Document | Description |
| Application Form | Filled with the applicant’s information and trademark details. |
| Power of Attorney | Required if the application is filed through an IP agent. |
| Trademark Specimen | A sample of the trademark to be registered. |
| Goods/Services List | The goods/services covered by the trademark application. |
| Priority Document (if applicable) | If claiming priority from a previous application. |
Time Estimate: 1-2 weeks
Step 3: Examination by VIPO
The VIPO will perform both a formal examination (to check compliance with filing requirements) and a substantive examination (to assess the registrability of the trademark under Vietnamese law).
Time Estimate: 9-12 months
Step 4: Publication and Opposition
Once the trademark passes the examination, it is published in the Official Gazette of Vietnam, allowing a period for third-party opposition.
Time Estimate: 2-3 months
Step 5: Registration and Issuance of Certificate of Trademark In Vietnam
If no opposition is filed and the trademark meets protection requirements, the VIPO will issue a registration certificate. The trademark is valid for 10 years from the filing date and can be renewed indefinitely.
Time Estimate: 1-2 months
Total Time Estimate: 16-18 months (assuming no oppositions or refusals)
Costs and Fees for Trademark Registration in Vietnam
Understanding the costs associated with trademark registration is essential for budgeting. These fees include government fees, attorney fees, and any additional costs for opposition proceedings or appeals.
Common Pitfalls and How to Avoid Them
- Incomplete Applications: Ensure all required documents are submitted.
- Failure to Conduct a Preliminary Search: Increases the risk of rejection.
- Missing Deadlines: This can result in loss of rights or additional fees.
First-to-File Principle
Vietnam operates under a “First-to-File” principle, meaning that the first person or entity to file a trademark application in Vietnam will have priority over others, regardless of who used the trademark first.
Why Choose ASL LAW for Your Trademark Registration in Vietnam?
Registering a trademark in Vietnam is an essential step for protecting your brand in a competitive market. ASL LAW offers expert services that simplify the process, ensuring your trademark is registered correctly and efficiently.
References:
- Legal 500: Recognizes ASL LAW as a top-tier intellectual property firm in Vietnam.
- WTR: Praise Lawyers Pham Duy Khuong and Do Ba Thich for their expertise in trademark registration and enforcement.
Ready to protect your brand in Vietnam? Contact ASL LAW Today to begin your trademark registration process.
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 [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.
