How to register trademark in Vietnam is the important consideration of foreign investor intending to expand the market in Vietnam. In order to support businesses and individuals in trademark registration for their goods and services before marketing them as quickly and professionally as possible, Viet An Intellectual Property Representative provides guidelines of the way to register a trademark in Vietnam in this article.
Viet An Law is an Intellectual Property Representative organization, so Clients will be guaranteed all rights when using our trademark registration service. To register a trademark through Viet An Law whether in Vietnam or abroad, customers only need to prepare the following documents:
To perform a trademark search, Clients only need to provide Viet An Law:
When choosing a trademark as Client’s brand name, make sure it is consistency or, preferably, the same trade name of enterprises and domain name Client already own. This will increase Client’s brand recognition and significantly reduce the chances of this trademark being infringed by a third party.
Viet An Law Firm will conduct for a preliminary research and examination the capable of trademark registration.
Viet An Law will conduct a free preliminary search for Clients to assess the ability of the trademark registration within 01 day from the date the customer provided the information.
After the preliminary search, if the trademark does not have the ability to register, Viet An Law will consult and provide the relevant references to find a solution for the trademark to be granted a certificate at later.
In case, after the preliminary examination of the trademark and it is likely to be registered, it is possible to search in depth through Vietnamese and international data to appraise the highest possibility of granting a protection title to the trademark.
In-depth search is not a mandatory step, but should be taken to increase the success of trademark registration and save time.
However, the trademark search is for reference only and is not a basis for granting or not granting a certificate (this partly related to the priority right of trademark registration as described above).
Dossiers for trademark lookup customers need to prepare: 10 trademark samples with sizes larger than 3 × 3 cm, not exceeding 8 × 8 cm. For an sound mark, the trademark sample is an audio file and a graphical representation of that sound.
In-depth trademark search procedure through Viet An Law Firm – Intellectual Property Organization, which takes 1-3 working days.
Trademark search results: Notice of trademark search results
After an in-depth lookup and a mark that is considered likely to be registered, Viet An Law – an Intellectual Property Representative will conduct a trademark registration at the NOIP on behalf of Clients.
The trademark registration dossiers that Clients need to prepare:
In addition to the above-required documents, when a customer registers a collective mark, a certification mark… customer must provide additional documents to Viet An Law Firm as follows:
The Agency receiving and processing trademark registration dossiers in Vietnam: Vietnam NOIP.
Results of Stage 1: The Declaration of trademark registration
The time limit for formality examination of trademark registration applications is one (01) month from the filing date.
Results of Stage 2 of the trademark application: Accepting a valid application.
The content of publication of a trademark registration application is the information related to a valid application stated in the notice of acceptance of the valid application, trademark samples and attached list of goods and services.
Result of Stage 3: Notice of intention to grant a trademark protection title and notice for pay granting fee.
After the decision to grant the Certificate, Viet An Law shall notice the Clients to pay the granting fee for the Cerificate and getting the Trademark Protection Certificate and deliver to the customer.
Time limit for granting Protection Title: 02-03 months from the date of paying fees for granting the Certificate.
Result of stage 4: Applicants obtaining Trademark Registration Certificate
According to the experience of Viet An Law Firm, the Trademark Registration period will usually last about 12-18 months from the date of accepting a valid application, i.e significantly longer than the statutory time. The reason is that the application volume is too large while the capacity of NOIP is not enough to meet this quantity.
Vietnam’s regulations as well as most countries in the world about the term of trademark protection is 10 years from the filing date. After that, the trademark holder renews to maintain the validity of the trademark registration certificate. Accordingly, every time it expires, it will renew it again.
Clients have demand on trademark registration in Vietnam and abroad, please contact Viet An Law for the fastest, most professional support at the most reasonable cost!
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