Registered foreign brands in Vietnam

Registered foreign brands in Vietnam

In Vietnam, the trademark registration procedure is applied according to the principle of “first to file”, the application for trademark registration will be given priority to the first trademark registrant. Except, the “first to file” principle will not apply to well-known and widely accepted trademarks. However, in order to identify a trademark that is widely accepted, the trademark owner must prove that his trademark is well known and widely recognized. The procedures for trademark registration in Vietnam as follows:

Step 1: Look up the trademark

Look up trademarks in Vietnam usually takes time from 01-03 days.

The reason that customers need to perform searching procedures before applying for trademark registration is:

  • Assess the possibility of successful trademark registration before conducting to file a trademark registration;
  • Save time and money during trademark registration. Limiting the opposition of other entities in the application process is caused by the confusingly similar trademark;
  • Through trademark search, customers will receive the recommendation of trademark lawyers to advice on the possibility of successful registration of the trademark or how to modify the trademark so that the most likely trademark registration is granted a protection title.

The procedure for trademark registration in Vietnam is done according to the group of goods and services of the Nitrogen Classification. Therefore, customers expected to register the trademark for any group of products or services that need to look up the trademark within the related groups of goods and services.

To look up trademarks, customers provide ICTLAW with the following information:

  • 01 goods trademark sample
  • List of goods, services which are planned to register

Fee for looking up trademarks in Vietnam / for 01 brand / 01 group of goods and services:

CategoryState fee: USDLawyer fee: USD
Lookup fee 01 brand / 01 group—–35
Excluding 5% VAT and bank transfer fee

Step 2: Apply foreign trademark registration in Vietnam

Documents that customers need to prepare to apply for trademark registration:

  • Sample of trademark to be registered;
  • List of branded goods;
  • Information of the owner of a trademark registration application (name, address, representative, position);
  • Documents proving the priority (if the trademark application applies for priority right);
  • Signing authorization form (Authorization Form)

The process of filing trademark registration in Vietnam:

Filing a trademark application:

Right on the day after ICTLAW submits a trademark registration application at the Vietnam Intellectual Property Department (NOIP), ICTLAW will transfer customers the application declaration form with the application number and date of filing the trademark registration application in Viet Nam. (The application is then accepted legally – the filing date will be the priority date of the trademark application).

Time limit for formality examination: 01 month from the filing date.

The National Office of Intellectual Property will consider applications that are eligible in form, label, application owner, filing right, grouping, …

If the application of the enterprise meets the conditions, the National Office of Intellectual Property shall notify the acceptance of a valid application and publish the application.

If the application of the enterprise does not meet the conditions, the National Office of Intellectual Property will issue a Notice of disapproval of the application and request the enterprise to amend it. Enterprises make amendments as required and submit revised documents to the National Office of Intellectual Property.

Duration for publication of trademark registration application: 02 months from the date of notification of acceptance of a valid application.

Contents of publication of trademark registration applications are information related to valid applications stated in notices on acceptance of valid applications, trademark samples and lists of accompanied goods and services.

Time limit for substantive examination: 09 months from the date of publication of the application.

National Office of Intellectual Property shall take the requirements of registration for trademark into account and evaluate the ability of issuing protection title for registering company.

If the registration form meets all the requirements, National Office of Intellectual Property will release the announcement of intention of issuing protection title for the trademark which company has registered.

If the registration form is unqualified with the requirements, National Office of Intellectual Property will make an announcement of not issuing protection title for the trademark which companies has registered. The company, then considers and sends the answer, the complaint against the National Office of Intellectual Property’s decision and simultaneously provides evidences to prove the ability of issuing protection title for the company’ goods, services.

Step 3: Issue the certificate of trademark registration

Time limit for granting trademark registration certificate: within 02-03 months from the date of payment of fees and charges.

After the decision of issuing protection title is released, ICTLAW shall have information to clients to pay fees and charges and transfer the protection title to clients.

According to the experience of ICTLAW, the time for trademark registration usually lasts about 12-18 months from the time of accepting the valid application.

Application fee for trademark registration and fee for granting a trademark registration certificate in Vietnam:

CategoryState fee: USDLawyer fee: USD
Registration fee of 01 brand / 01 group of maximum 06 products / services4570
Fee for the 7th product increased in 01 group (if any)75
Fee for enjoying priority rights (if any)3040
Fee for granting a registration certificate of 01 brand / 01 group2030
Total registration fee and certification for 01 brands / 01 group (without claiming priority rights)165
Excluding 5% VAT and bank transfer fee  

Note:

  • Transfer fees depend on kind of bank, country to Vietnam. Usually the transfer fee will be 15- 30 USD.
  • Fee for express delivery of the certificate of registration and related documents from Vietnam to foreign countries for the whole process of trademark registration in Vietnam will be from 20-40 USD.

(Those fees are not included in the above mentioned trademark registration fee.)

Issues related to objections of foreign trademark applications in Vietnam

In the process of filing a trademark application in Vietnam, the application may be protested by a third party. Depending on the specific case, the trademark application may be extended from 08-12 months.

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