Register the trademark for mobile phones in Vietnam

Mobile phones are currently the most commonly used technology equipment and are increasingly modern and intelligent. Mobile phones with compact features, convenience, and high entertainment have gradually replaced fixed phones. Many manufacturers are competing in this potential market. However, to attract customers and prevent infringing elements, phone manufacturers can apply for trademark protection.

Prepare a dossier including:

• A sample trademark with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• A list of goods/services intended to register: Mobile phones are classified in class 09 according to the Nice Classification;
• A trademark registration declaration (if customers authorize Viet An Law – Vietnam Intellectual Property Agent to submit, this declaration will be signed by the representative of Viet An Law);
• A power of attorney Viet An Law to apply;
• Receipts of fee payments.

Process the application:

–       Form appraisal stage (01 – 02 months): the Vietnam Intellectual Property office considers the validity of the application (necessary documents, class classification, stated objects classification, rights to apply…). Then the Intellectual Property office issues a notice to accept the application or refuse to accept the application (if the applicant does not amend the application);

– Publish the application on the gazette: the trademark registration application will be published within 02 months from the date application is accepted as a valid application and the applicants shall pay the publishment fee;

– Content appraisal stage (09 – 12 months): purpose of the content appraisal stage is to evaluate the possibility of protection of the stated objects in the application and to determine the scope of protection. During the content appraisal stage, the Intellectual Property Office may request the applicants for explaining the application content, providing information relating to the nature of stated objects in the application.

– Grant and publish the protection title (01 – 02 months).

Amend and supplement the trademark registration application:

         The applicants have the right to amend or supplement the registration application. However, this amendment and supplementation shall satisfy conditions of time limit: before the state management agencies in charge of industrial property rights notify refusal to grant the protection title or decide to grant the protection title.

         Amendment and supplementation of an industrial property registration application must not expand the scope of stated objects in the application and must not change the nature of the required objects in the application, and concurrently must ensure the consistency of the application. If the modification expands the scope of the protection or changes the nature of the object, the applicant must submit a new application and all procedures are resumed.

Term to protect a trademark:

 The trademark registration certificate is valid from the date of granting to the end of 10 years from the date of submitting, it can be renewed for successive 10 years. A trademark once is registered, will be protected indefinitely, provided that the owners renew and pay the renewal fee.

For any information relating to trademark registration in Vietnam, please contact Viet An Law to have more detailed advice.