TRADEMARK REGISTRATION IN VIETNAM

Trademarks

Trademarks mean any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors.

Trademarks are an integral part of a company’s identity, and are also critical business assets that can represent significant commercial value and investment. To date, we have filed over 3.500 trademark applications in Vietnam and worldwide.

Trademark Search

Before registering a trademark, ensure that the mark you created is distinct and can not be confused with someone else’s trademark. Otherwise, your trademark application may face an opposition from the registered trademark owner or a refusal from the IPVN because of its similarity with the registered trademarks.

A search report will assist you in making a decision to proceed with registration or make amendments to the proposed trademark.

Trademark Registration

Our attorneys will file your trademark application in Viet Nam and will carry out all necessary tasks before the IPVN in order to obtain registration approval. We will regularly inform you the status of filing, formality acceptance, publication of application, substantive examination and registration, plus a scanned copy of related documents.

Trademark Registration Process

The steps involved in Registration are as follows:

Step 1: Application filing

The minimum filing requirements consist of:

a) An application for a trademark registration;

b) A clear representation of the mark;

c) A list of goods and services bearing for the mark;

d) A power of attorney from the applicant; and

Power of Attorney

c) Priority documents (if any).

Step 2: Formality Examination

Once the trademark application has been received, the IPVN shall be subject to formality examination within one (1) month from the filing date. If the application meets the formality requirements, the IPVN shall issue a notice on formality acceptance. If not, the IPVN shall issue a notice of intended refusal, clearly stating reasons and setting a time limit for correction and/or supplement. The time limit for this step may be prolonged due to the aforesaid reasons.

Step 3: Publication of the application

Within 2 months from the date of formality acceptance, the trademark will be published and made available to the public. Any interested party will be able to oppose the registration of the mark.

Step 4: Substantive Examination

The IPVN will be subject to substantive examination within 12 months from the date of publication.

If the application fulfills the requirements and there is no opposition, the IPVN will issue a notice of its intention to grant the trademark registration and request to pay registration fee.

Otherwise, the IPVN will issue a notice on its intended refusal, clearly stating the reasons and setting a time limit for the applicant to give opinions and satisfy the requirements. The time limit for this step may be prolonged due to the aforesaid reasons.

Step 5: Notification of refusal

If the applicant fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the time limit, the IPVN shall issue a decision of refusal. The applicant may appeal against the decision of refusal with Director General of IPVN or initiate lawsuits at the court.

Step 6: Successful registration

Within 10 days after receiving the registration fee, the IPVN shall issue the Trademark Registration Certificate.

 

The time taken for the trademark registration, from the filing date to the issuance of certificate, is about twenty-four (24) months for a smooth application. The time will be longer should IPVN raise objection/refusal to your mark or should your application face opposition. Make sure that you apply for registration of a trade mark well in advance so that its registration is secured in time for its use in the advertising and marketing of the relevant products.

 

 

Trademark Examination Procedure (Flowchart)

Renewal & Maintenance

At Adong, we believe our job does not end with the successful registration of your marks. We offer a full range of competitively priced renewal and maintenance services.

To keep validity of trademark registration, you must file a renewal application with IPVN within 6 months prior the expiry date. If you have passed the deadline, there is a six months grace period in which you may still file your application for an additional fee. Once the grace period is passed, your registration will be cancelled and cannot be revived or reinstated.

The renewal requirements consist of:

a) Original Vietnamese Trademark Certificate;

b) A power of attorney from the owner.

Trademark monitoring

We help you watch your competitors and discover any trademark infringements. We advise you of the appropriate steps against the infringment, and we are ready to take immediate action if required.

Also, we often represent our clients to file an opposition against similar/identical trademarks which are published in the IP Gazettes, to follow the results, and to notify them regularly.

Trademark disputes and legal procedures

Trademarks often represent a significant asset for businesses, and we recommend using qualified expertise should a conflict arise. Adong’s lawyers are highly experienced in risk assessment and analysis of trademark infringement, including assessment of relevant measures or steps needed to resolve the dispute. We assist our clients within all aspects of dispute resolution, from administrative proceedings and out-of-court dispute resolution, to cases before different committees and bodies, as well as court proceedings.

Please contact us:

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: adong-ip.com