How to register trademark in vietnam - step by step guide

by trunghoazd 08.11.22 10:16

HOW TO REGISTER TRADEMARK IN VIETNAM - ADVISE BY LHD LAW FIRM
Register trademark Vietnam:Is stipulated by law, an undisputed registration process takes 9-10 months involving three stages: (i) examination as to formality and publication of application (3 months); (ii) examination as to substance (6 months); and (iii) issuance of a registration certificate (10 days). However, it often takes quite longer in practice due to the slow process of consideration of applications at the Trademark Office.
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What is required for filing a trademark application in Vietnam?

For filing a trademark application in Vietnam, the following information and documents are required:

(i) Full name and address of the Applicant (required at the time of filing);
(ii) A phonetic transcription/transliteration and identification of the language used should be indicated if there are any elements of the trademark with wording other than in Roman characters (required at the time of filing);
(iii) A detailed specification of goods and/or services and its corresponding international class, if known (required at the time of filing);
(iv) A Power of Attorney, which is signed by the Applicant. No legalization or notarization is required (required within one (1) month from the filing date);
(v) Fifteen (15) clear print/specimen of the mark of a size, which is not in excess of 80x80mm and less than 15x15mm (required at the time of filing);
(vi) A certified true copy of the basic application if a convention priority is claimed and its sworn Vietnamese translation (required within 1 month from the filing date).

How long does it take to get a registration of a straightforward trademark application?

Is stipulated by law, an undisputed registration process takes 9-10 months involving three stages: (i) examination as to formality and publication of application (3 months); (ii) examination as to substance (6 months); and (iii) issuance of a registration certificate (10 days). However, it often takes quite longer in practice due to the slow process of consideration of applications at the Trademark Office.

What is the estimate of costs for filing a trademark application in Vietnam?

The costs for filing a trademark application in Vietnam are varied depending on the number of goods/services listed in the application.

In particular, the official filing fees are calculated based on the number of goods/services listed on each application, (i) US$37.00 for the first class not exceeding 06 items of goods/services and US$30.00 per each additional class not exceeding 06 items of goods/services (if any) and US$6.40 per each additional item of goods/services in excess of 06. Meanwhile, our attorney fees are charged based on the number of class listed therein at the rates of US$160.00 for the first class not exceeding to 06 items of goods/services and US$100.00 for each additional class not exceeding 06 items of goods/service, and US$3 for each addition item of goods/services in excess of 06.

Register trademark in vietnam accordingly, the estimate of the costs (including both official fee and our charges) for filing a straightforward application in one class not exceeding 06 items of goods/services is US$197 and for each additional class from the second one not exceeding 06 items of goods/services is US$130. To calculate the costs, please click here.

Is a pre-filing trademark search necessary? How long does it take and how much does it cost?

To avoid the possibility of potential rejection or a risk of opposition, a pre-filing search is highly recommended. The estimate of costs for conducting a similar search is 100.00US$ per class. 50US$ will be additionally charged if professional advice on the availability of the mark is required.

A search report can be delivered within 02 to 03 days from the date of receiving client's instructions.

What is trademark? What are registrable marks in Vietnam?

Trademark means any sign used to distinguish goods and/or services of different organizations or individuals.

A trademark may be in the form of word (Vinataba, Chi Long), name (Giorgio Armani, Tien Dat), symbol or device (Ebay device, Thai Tuan device), slogan (Think different, Khoi nguon sang tao), or combination of these elements and is manifested in one or more colors.

Registrable marks must be distinctive. Indistinctive marks include, but not limited to i) simple geometrical shapes, numerical figures, alphabetical letters, letters that cannot pronounced as a word or letter of foreign languages that are not commonly used; ii) marks which indicate time, place, origin, quality, nature, purpose, etc. of the goods/services in question. However, it is possible to secure registration of an inherently indistinctive mark by proving it has become distinctive of the applicant's goods/services through use in commerce (i.e. secondary meaning)

Are three-dimensional trademarks protected in Vietnam?

Since July 1, 2006 where the Intellectual Property Law came into force, the protection of three-dimensional mark is officially recognized in Vietnam. The NOIP is very strict in examining the distinctiveness of the three-dimensional mark that relate to the shape of the designated goods or their packages. Generally, if the shape can be recognized as no more than the shape of the designated goods, the shape cannot be registered as a three dimensional trademark unless it has acquired distinctiveness through long and extensive use.
Contact:
LHD LAW FIRM HO CHI MINH
HP Tower, 60 (Floor 7) Nguyen Van Thu Street, Dakao Ward, District 1, HCM City, Viet Nam
+842822612929 or +842822446739
Email: [Only admins are allowed to see this link]
LHD LAW FIRM HA NOI
Anh Minh Tower, 36 (Floor 4) Hoang Cau Street, O Cho Dua Ward, Dong Da District, Ha Noi City, Viet Nam.
+842422612929 or +842462604011
Email: [Only admins are allowed to see this link]
LHD LAW FIRM DA NANG
Petroleum Building (9th floor), No. 2, 30-4 Street, Hoa Cuong Bac Ward, Hai Chau District, Da Nang City
+840905987929 / +842366532929
Email: [Only admins are allowed to see this link]