HOW TO REGISTER TRADEMARK IN VIETNAM
It is necessary to register trademark in Vietnam to protect your IP rights when doing business in Vietnam. The following article shall guide of the process of Vietnam trademark registration.
Trademark in Vietnam can be one of the following forms: logo or device, words, design of package and 3D trademark. According the CPTPP which has become effective in Vietnam, trademark could be a sound which shall be a positive improvement of Vietnam IP system.
Vietnam trademark follows the rule of first to file. It means that the priority shall be given to the applicant which files their trademark earlier.
Trademark fee in Vietnam is counted based on number of classes within a trademark and also number of goods/services within each class. The minimum filing fee of trademark for 01 class could starts from $190.00.
Applicant can file trademark in Vietnam through one of the following methods:
+ A direct trademark filing without priority date.
+ Trademark filing in Vietnam through Paris convention in which trademark applicant could claim priority of the filing date of their foreign application for their counterpart trademark application in Vietnam within 06 months from the priority date.
+ Trademark filing in Vietnam through Madrid system (Madrid protocol and Madrid agreement).
Registration of Trademark in Vietnam follows Nice international classification and accepts a trademark application in multi-classes.
+ First step: Vietnam Trademark search of the availability:
The step of trademark search in Vietnam is optional but necessary to identify if your intentional trademark is available or to check if there is any other identical or similar trademarks registered or filed in Vietnam National Office of Intellectual Property (NOIP). When receiving the trademark search result, you will decide to file your trademark application in Vietnam immediately or amend the sample of your trademark.
You could conduct the basic trademark search (not updated) on the published website of The National Office of Intellectual Property (NOIP) here.
+ Second step: Trademark Registration in Vietnam (estimated total time: 13-18 months)
Trademark registration in Vietnam shall include the following stages:
Stage 1: Formality examination of Vietnam trademark application
Within 01 month of filing date of trademark in Vietnam, if your trademark applicant meets formality requirement, NOIP shall issue the decision on accepting the legitimate of the trademark application. Process of Trademark in Vietnam – Vietnam Trademark (ASL LAW)
Otherwise, NOIP shall issue notification of required correction. The trademark applicant shall need to respond to the refusal within 02 months from the issuing date.
Stage 2: Publication of Vietnam trademark application on IP Gazette
Within 02 months from the formality acceptance date, NOIP shall publish Vietnam Trademark applicant for any possible opposition on Vietnam IP Gazette.
Stage 3: Substantive examination of trademark in Vietnam
Within 9-12 months (could be longer) from the publishing date, NOIP shall issue the Notification of registrability of the Vietnam trademark application. If the trademark application is refused, the trademark applicant shall need to respond to this refusal within three months. Which could be extensible. If the trademark is accepted, NOIP shall issue trademark registration certificate within 1-2 months.
Hereafter is the sample of trademark certificate in Vietnam for your reference:
Trademark in Vietnam – Vietnam Trademark Registration – Trademark Certificate in Vietnam
+ 10 years counted from the filing date of trademark application in Vietnam
+ Renew trademark in Vietnam: trademark owner can renew validity of trademark certificate in Vietnam is for unlimited times.
– Legal 500 (2021): At ASL Law Firm, practice head and ‘star lawyer’ Pham Duy Khuong has over ten years of experience in IP prosecution matters. The team handles the full range of services including trade mark enforcement, international trade mark prosecution, and registration for clients operating in the real estate and consumer products sector. The group has a cross-border practice and has alliances established across other ASEAN jurisdictions including Laos, Cambodia, and Myanmar.
– Legal 500 (2020): Pham Duy Khuong who has experience in trademark prosecution and enforcement. As far as cross-border work is concerned, the firm has alliances with firms in other countries in Laos, Cambodia and Myanmar
– Legal 500 (2019): Duy Khuong Pham list his emerging firm with absolute assuredness. He represents a colorful catalogue of Vietnamese Companies on trademark matters in Cambodia, Laos, Myanmar and Vietnam.
– Legal 500 (2017): Pham Duy Khuong advises Vietnamese and international businesses on dealing with counterfeit and other infringements, as well as handling international registration and freedom to operate checks, among other works.
– World Trademark Review (2020): Duy Khuong Pham is a consummate adviser on trademark prosecution and enforcement, as well as franchising; he plies his trade from ASL Law
ASL LAW could profile full services of trademark registration in Vietnam including but not limited to:
ASL LAW_Trademark In Vietnam_Trademark_Vietnam Trademark Agent
+ Trademark Search in Vietnam
+ Prior consulting before officially registering trademark in Vietnam
+ Trademark filing in Vietnam: following the trademark application, watching and report on any office action to the trademark applicant
+ Consultancy how to label a trademark legally
+ Trademark opposition in Vietnam
Download the full article of How To Register Trademark In Vietnam here.
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