HOW TO REGISTER TRADEMARK IN VIETNAM
When doing business in Vietnam, it is necessary to register trademark in Vietnam to protect your rights. The following article shall provide full knowledge on Vietnam trademark registration.
What sign can be protected as trademark in Vietnam?
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.
What classification is Vietnam following?
Registration of Trademark in Vietnam follows Nice international classification and accepts a trademark application in multi-classes.
How is a trademark filed in Vietnam?
Trademark applicant can be filed in Vietnam through one of the following methods:
+ 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).
What is the trademark filing rule of Vietnam?
Vietnam trademark follows the rule of first to file.
What is procedure of trademark in Vietnam?
+ 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 your trademark application in Vietnam immediately or amend the sample of your trademark.
+ Second step: Registration of trademark in Vietnam (estimated total time: 13-18 months)
Registration of trademark 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.
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.
What is sample of Vietnam trademark registration certificate?
Hereafter is the sample of trademark certificate in Vietnam for your reference:
How long is the Vietnam trademark registration certificate valid?
+ 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.
What international law firm ranking organisations talking about us?
- 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
What trademark services could ASL LAW provide to clients?
ASL LAW could profile full services of trademark registration in Vietnam including but not limited to:
+ 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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