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Trademark in Vietnam - Compare the Madrid Protocol and the Madrid Agreement

The Madrid system of trademark registration is governed by two international treaties, the Madrid Agreement on the international registration of trademark 1891 and the Madrid Protocol relating to the Madrid Agreement 1989. These two international treaties exist separate simultaneously, but closely related to each other.

Trademark in Vietnam - Compare the Madrid Protocol and the Madrid Agreement

Vietnam has been a member of the Madrid Agreement since 1949 and besides, the Madrid Protocol will officially take effect in Vietnam from July 11, 2006. Currently, in practice, the Madrid Protocol is preferred, due to the following comparison criteria:

Criteria The Madrid Protocol The Madrid Agreement
Time effect 1989 1891
Transition agency National Office of Intellectual Property of Vietnam National Office of Intellectual Property of Vietnam
Registration legal basis
  • Based on the basic application filed in the country of origin.
  • It is not required to wait until the mark is granted a Trademark Registration Certificate (protection title) in the country of origin (just file is enough)
  • Based on a basic application or a Trademark Registration Certificate issued in the country of origin.
  • It is required to have a Trademark Registration Certificate in the country of origin before initiating the procedures.
Dossier
  •  An application for international registration of a trademark;
  • Declaration of registration;
  • Sample trademark;
  • Relevant documents;
  • A notarized copy of the Trademark Registration Certificate or the basic application for registration of the mark in the country of origin;
  • Power of attorney in case of customs clearance.
  • Power of attorney if through a representative;
  • The sample of the trademark, which similar to sample registered trademark in the country of origin;
  • A notarized copy of the trademark registration certificate in the country of origin;
  • List of goods and services according to trademark registration in the host country;
  • Registration form.
Application language

English, French, Spanish

France

Minimum application processing time 18 months 12 months
Time limit of protection 10 years and renewable 20 years and renewable
Convert international application to national application Applications for designation in countries remain valid and the designation date remains unchanged in the event that the application in the country of origin is suspended in whole or in part of list of goods/services if the designation is made within 03 months from the date of filing application in the country of origin.

Non regulation

Dependence on the trademark registration certificate in the country of origin

Non regulation

Protection will be void if the trademark registration certificate in the country of origin is revoked for any reason.
Fee Regulated by each country, or according to general regulations. However, the fee for a Protocol application is slightly higher than that for a Agreement application, although it is still much lower than for a direct national application.

Fees as a general regulations

Number of contracting countries 81 56

 

For further information in application international trademark under Madrid system in Vietnam, Clients can refer to the article: Madrid system for trademark registration in Vietnam.

As an intellectual property representative in Vietnam with many years of experience in the profession, Viet An Law Firm will advise clients on the process and procedures for filing a trademark application under the Madrid System, and will conduct file applications at competent state agencies through the international trademark registration service under the Madrid System of Viet An Law Firm.

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