Eligible trademark registration application at Vietnam NOIP

In the context of today’s increasingly competitive and globalized market, owning a strong trademark is a decisive factor in the success of a business. A brand is not only a name, a logo but also a valuable intangible asset, representing the prestige, quality and value of products and services. To protect brands from counterfeiting, unfair competition and ensure the interests of consumers, trademark registration is an extremely necessary step. However, customers need to understand how to prepare an eligible trademark registration applications at Vietnam NOIP (National Office Intellectual Property). Viet An Law would like to guide customers through the article below.

Legal Basis

• Circular No. 23/2023/TT-BKHDT guiding the Law on Intellectual Property;
• The Law on Intellectual Property in 2005, 2009 amended and amended in 2022

Conditions on how to file an eligible trademark registration application

When clients use Viet An Law service, clients can rest assured of the eligibility of trademark registration application. The prepared document and information client need to provide for us is only included:

• For Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, foreign organizations and individuals having production and business establishments in Vietnam submit trademark registration applications directly or through their legal representatives in Vietnam.
• For foreign individuals who do not permanently reside in Vietnam, foreign organizations and individuals that do not have production and business establishments in Vietnam shall apply for trademark registration through their legal representatives in Vietnam.

Conditions on the composition of the dossier in the trademark registration application for receipt

• A trademark registration declaration made according to the prescribed form;
• Sample of trademark and list of goods and services bearing the mark: The sample of the trademark must be described to clarify the constituent elements of the mark and the overall meaning of the mark (if any);
  • If the trademark contains words or words in the figurative language, such words or words must be transliterated;
  • If the mark contains words or languages in a language other than Vietnamese, it must be translated into Vietnamese;
  • If the trademark is sound, the trademark template must be an audio file and a graphical representation of the sound.
• Receipt of fee payment;
• Regulations on use of collective marks, regulations on use of certification marks (if any)
• Documents proving the applicant’s eligibility (if required by the National Office of Intellectual Property):
  • Certificate of enterprise registration, contract or other documents confirming the applicant’s activities of manufacturing products and providing services;
  • An agreement or written certification that the manufacturer does not use the trademark and does not object to the registration of the trademark of the person conducting the manufacturer’s product commercial activities as prescribed;
  • Decision or establishment license, charter of the organization certifying the function and competence to manage collective marks, quality certification marks, certificates of geographical origin of goods and services;
  • Agreements, business registration certificates, documents related to trademark registration of co-owners;
  • Documents certifying that the applicant is a beneficiary of the right to register a trademark from another person;
  • Agreement or written consent of the trademark owner certifying the right to register the trademark of the representative or agent
• Documents proving the applicant’s representation if the applicant files an application for trademark registration through a representative:
  • Original power of attorney of the applicant;
  • Papers certifying that the applicant’s representative is the legal representative of the trademark registration organization or a person authorized by that person;
  • Document certifying that the applicant’s authorized person meets the requirements to be in the name of the applicant’s representative
• Documents proving the right to use or register a trademark containing special signs (if any);
• Documents proving the right of priority (if any).

Applying the “first-to-file” principle in receiving trademark registration applications

The principle of “first-to-file” is a fundamental principle in intellectual property law, widely applied around the world, including Vietnam. According to this principle, whoever applies for intellectual property protection first will be granted the right of protection, regardless of whether he or she is the first person to come up with the idea or creation.

The importance of the “first-to-file” principle

• Protect creators’ rights: This principle encourages creators to quickly apply for protection of their ideas to avoid being taken advantage of by others.
• Create a healthy competitive environment: This principle helps to create a fair competitive environment that encourages innovation.
• Dispute resolution: This principle simplifies the resolution of intellectual property disputes.

Clients who need assistance in submitting trademark registration, patent registration, industrial design registration or other IP assets dossiers to be accepted by the National Office of Intellectual Property, please contact Viet An Law for the fastest support!