The process of registering trademark in Vietnam

Trademarks are signs used for distinguish goods, services of different business organizations.  In order to make sure that your company’s trademark is able to be exclusively protected, the company needs to create a unique trademark design which reflects the features of the company’s products or services, simultaneously, it should differ from other trademarks. Viet An Law Firm is an intellectual property representative providing services on consultancy and registration of trademark protection as well as trademark registration services as follows:

Services on trademark consultancy of Viet An Law Firm:

• Legal consulting on procedures and conditions for trademark registration;
• Consult about possibility of trademark registration;
• Preliminary assess the possibility of trademark registration;
• Consult about priority, priority date for Clients when registering trademark;
• Officially assess the trademark at the National Office of Intellectual Property (NOIP) – separated cost;
• Represent for Clients to register trademark during the process;
• Draft the dossier for trademark registration application;
• Submit the dossier and supervise the registration and examination process at the NOIP;
• Represent for Clients during the whole process of establishment of rights and response to public letters by NOIP about trademark registration;
• Communicate, provide Clients information during the process of trademark registration.

The process of trademark assessment:

Trademark assessment is a voluntary procedure by the applicant. However, the applicant should do this because this is the first step and also the most important step to preliminarily valuate a trademark.

But this assessment is for reference only and does not establish the grounds to whether issue the protection title.

• Documents need to be prepared: 03 samples of trademark in the size larger than 3×3 cm but smaller than 8×8cm;
• Preliminary assessment (free): Viet An Law Firm will preliminarily assess (free) for Clients to evaluate the possibility of trademark within 01 days from the day on which Clients provide us the samples;
• Official assessment at the National Office of Intellectual Property: After preliminarily assessment, if there is no similarity found with the registered ones, Clients should officially assess through Viet An Law Firm in order to best evaluate the possibility for successful registration of trademark. This procedure lasts for 1 to 3 working days.

Dossier for trademark registration includes:

• Power of attorneys (using the provided form);
• 01 sample of trademark (larger than 3×3 cm but smaller than 8×8cm);
• The list of goods and services intended to register trademark;
• The application form for trademark registration (if Clients authorize Viet An Law Firm, the application form shall be signed by the representative of Viet An Law Firm);
• Authorization for the representative of Viet An Law Firm to submit the dossier;
• The documents proving payment for fee of trademark registration.

Agency receive and examine the dossier:

The National Office of Intellectual Property of Vietnam.

The process and duration of trademark registration includes:

Formality assessment: 01 month from the submit date.

• The National Office of Intellectual Property shall examine the dossier’s formality, the sample, the applicant, rights to submit, category,…
• If the application of the company does not meet the conditions, the National Office of Intellectual Property will grant a confirmation on acceptance of valid application and publish the application;
• If the application is invalid, the National Office of Intellectual Property will grant a refusal on the application and require adjustment. The applicant shall adjust the application as required and submit the adjustment to the National Office of Intellectual Property.

Duration for publication of the application for trademark registration: 02 months from the date of issuance of acceptance of valid application.

• Contents of the application for trademark registration are related information in the valid application, trademark sample and the list of goods and services.

Content assessment: 09 months from the publication of the application.

• The National Office of Intellectual Property shall check the trademark registration conditions to evaluate the possibility to grant the protection title for the trademark. If the application meets the conditions, the National Office of Intellectual Property will grant a confirmation on intention to issue the protection title;
• If the application does not meet the conditions, the National Office of Intellectual Property will refuse to grant a protection title. The applicant should send a respond and complaint, simultaneously, provide the grounds for protection title issuance for the trademark.

Duration for protection title issuance: 02 – 03 months from the date of fee payment.

• After being granted the approval on protection title issuance, the applicant pay the fee for protection title and get it.

Duration of protection:

• The trademark is protected in 10 years from the date of application (priority date). The protection title can be renewed unlimited. Therefore, the trademark could be a valuable asset during the operation of the company.

The normal total time for trademark registration is from 12 to 18 months from the date of approval of the valid application. If the applicant wish to save time and quickly register the trademark, please contact Viet An Law Firm for detailed advice.

Companies or individuals who intend to register trademark may contact Viet An Law Firm for more information about dossier preparation and application of trademark registration.