Fee for grant of trademark protection titles in Vietnam

Owning a trademark protection title not only helps businesses affirm their position in the market but also serves as a shield to protect their brand against unfair competition. However, to complete the registration procedure, businesses need to prepare fees according to state regulations. Viet An Law will guide clients in detail about the fee for grant of trademark protection titles in Vietnam through the article below.

Legal Basis

• Circular No. 263/2016/TT-BTC regulating the collection rate, regime of collection, remittance, management and use of industrial property fees and charges;
• Circular No. 31/2020/TT-BTC amending a number of articles of Circular No. 263/2016/TT-BTC regulating the collection rate, regime of collection, remittance, management and use of industrial property fees and charges.

Processing process for granting a trademark protection title

After preparing the trademark registration dossier, the National Office of Intellectual Property will process the trademark registration application according to the following process:

• Formality examination of application: The National Office of Intellectual Property will consider the application for which there is sufficient information on the trademark registration application such as form, trademark form, application owner, right to file, classification,…
  • If the application of the enterprise meets the conditions. The National Office of Intellectual Property will issue a Notice of acceptance of a valid application and publish it in the Industrial Property Official Gazette.
  • If the application of the enterprise does not meet the conditions. The National Office of Intellectual Property will issue a Notice of rejection of the application and request the enterprise to amend it. The applicant or the intellectual property representative shall make amendments as requested, then submit the amendment official letter to the National Office of Intellectual Property.
• Publication of the application: After the application passes the formal due diligence stage, the application will be published. The information about the valid application is stated in the notice of acceptance of the valid application, the sample of the trademark and the list of goods and services on the website of the National Office of Intellectual Property and the Official Gazette of Industrial Property.
• Substantial examination of application: The National Office of Intellectual Property will consider the conditions for trademark registration. On that basis, the Civil Registry has assessed the ability to grant a title to the trademark that the applicant has registered. There are 2 cases that will occur as follows:
  • If the application satisfies the conditions for granting a protection title, the CS shall issue a Notice of intention to grant a trademark protection title
  • If the application does not meet the conditions. The Registrar issues a Notice of non-issuance of a title to the trademark that the applicant has registered. The trademark applicant shall consider and send an official letter replying to the decision of the National Office of Intellectual Property. The applicant provides grounds for granting a trademark protection title to his/her trademark. In case the NOIP still refuses the reason for the reply, the applicant may choose the procedure for complaining about the refusal decision.
• Issuance of trademark protection titles: After the trademark owner has paid the fee for granting the title. The National Office of Intellectual Property will issue an exclusive trademark protection title to the applicant.

Fee for grant of trademark protection titles in Vietnam in each stage

Dossier for grant of trademark protection title

• The declaration for trademark registration made according to form No.: Appendix I – Form No. 08 Appendix attached to the Government’s Decree No. 65/2023/ND-CP dated August 23, 2023 (Number of 02 copies: 01 copy kept by the National Office of Intellectual Property for carrying out procedures, the remaining 01 copy stamped and pasted with a barcode returned to the applicant).
• Trademark sample submitted according to the application: 06 enclosed forms, in addition to 1 sample attached to the declaration, the label sample to be prepared is not less than 2cm x 2cm and not larger than 8cm x 8cm. For an audio mark, the trademark sample is an audio file and a graphic representation of that sound.
• Documents of payment of application fee
• Documents proving the right to use (if any): When registering a trademark containing the following special signs, it is necessary to have documents proving the right to use: Name, symbol, flag, badge, of the agency or organization, certification mark, inspection mark, warranty mark, name of character, image, trade name, etc indications of origin, awards, medals or symbols of products, signs covered by the protection of other people’s technological designs.
• Other Documents
  • Regulation on the use of collective marks/certification marks.
  • An explanation of the characteristic (or specific) nature and quality of the trademarked product (if the registered trademark is a collective trademark used for a product of a specific nature or a mark certifying the quality of the product or a mark certifying geographical origin).
  • Map identifies the territory (if the registered trademark is a trademark certifying the geographical origin of the product).

Clients who need support in submitting applications for trademark protection titles, trademark renewal, please contact Viet An Law for the fastest support!

Update: 9/2024