Industrial Property Representation Services Trademarks Registration in Vietnam

Industrial property representation means being entitled or appointed by agencies, organizations, and individuals to discuss with a competent state agency in the establishment and enforcement of industrial property rights. Besides, industrial property representation services also include advising on issues and other services related to procedures for establishing and enforcing industrial property rights. Currently, there are many established service enterprises. Therefore, to compete and gain trust and prestige with customers, industrial property representation service enterprises must have their trademark. On the other hand, is to create a trademark for the exclusive industrial property representation service.

In this article, Viet An Laws would like to advise customers on the process of exclusive trademark registration for intellectual property representation services following current law.

Industrial property representation services in class 45 according to the Nice Classification: Legal services.

Procedures for industrial property representation services trademarks registration in Vietnam include:

Step 1: Apply:

Individuals, enterprises requesting trademark registration may themselves apply to the competent state agencies or can authorize the representative of Viet An Law to submit. When applying, customers pay the registration fees and take the receipts of fee payment. These receipts will be submitted attach with the dossier.

         Attach with the trademark registration application, customers need to provide these documents:

• A list of industrial property representation services intended to register;
• A trademark registration declaration;
• A power of attorney Viet An Law to submit the dossier;
• 01 trademark sample (not smaller than 3 x 3 cm, not bigger than 8 x 8 cm);
• Receipts of fee payments.

Step 2: Receive and settle the trademark registration application

         The trademark registration application shall be received by the state management agencies in charge of industrial property rights if it meets the requirements according to the provisions of Clause 1 Article 108 of the Law on Intellectual Property.

         After receiving, the competent state agencies continue to settle the application through these stages:

Stage 1: Form appraisal

         The form application will be appraised to assess the validity of the application (necessary documents, classification, stated object classification, rights to apply…) It takes about 01 – 02 months to appraise from the date of submitting.

Stage 2: Publish the application

         The application is accepted as a valid application will be published on the gazette within 02 – 03 months from the date the application is accepted.

Stage 3: Content appraisal

         The content application will be appraised. The purpose of this stage is to assess the strongest possibility to grant the protection title and assess the scope of protection. The time to appraise content is 06 months from the date of publishment. During the content appraisal, the state management agencies in charge of industrial property rights shall request the applicant to explain the content, provide information on the stated objects.

Step 3: Grant the protection title and publish 

 The trademark registration applications are not the cases that refuse to grant the protection title according to Clause 1, 2 and Point b Clause 3 Article 117 Law on Intellectual Property and the applicant pays the fee, the state management agencies in charge of industrial property rights shall grant the protection title and publish on National Register of Industrial Property.

The time to grant the protection title is 01 – 02 months from the date paying the granting fee.

Notices: Before submitting a trademark registration application, to be more secure about the intended trademark, customers can choose the search service of Viet An Law, including:

• A preliminary search: Viet An Law will conduct a preliminary search for customers within 01 days from the date of being provided with a trademark sample.
• Search at the Intellectual Property through the representative of Viet An Law – Independent cost: This search step will determine the highest protection capacity of the intended trademark to register.

For any information related to trademark registration in Vietnam for products and services, please contact Viet An Law for the most specific and detailed advice.