Real Estate Trademark Registration in Vietnam

Real estate is always concentrated by traders as well as other individuals and organizations because of uncountable benefits. Currently, after a period of crisis, the real estate market has been improved and has attracted investors. As a result, amount of real estate companies has been established and competed fiercely. To have an impression as well as a position in the market, companies, individuals, organizations should create for themselves an impressive, suitable trademark. To ensure absolute assurance of certain trademarks, customers need to carry out trademark registration procedures at the Intellectual Property office.

Viet An Law would like to provide information to register a trademark according to current law.

Real estate services are underclass 36 according to the Nice Classification.

Procedures, conditions for real estate services trademark registration includes:

Step 1: Submit the application

Individuals, organizations wishing to register a trademark can submit directly at the competent state agency or can through the representative of Viet An Law. When submitting, customers need to pay the registration fee and take these receipts to submit.

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

• A list of real estate services intended to register;
• A trademark registration declaration;
• A power of attorney Viet An Law to submit;
• 01 trademark sample with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• Receipts of fee payments.

Step 2: Receive and consider the application

The application will be received by the competent state agency in charge of industrial property if it meets the documents and information requirements as prescribed in Clause 1 Article 108 the Law on Intellectual Property 2005.

After receiving, the competent state agency continues to consider the application through these stages:

Stage 1: Form appraisal

The form application is appraised to evaluate the possibility including necessary documents; classification; stated objects classification; right to submit;…) If the application is valid, the competent state agency in charge of industrial property will issue a notice to accept as a valid application and continue procedures for granting the protection title, record on the National Register of Industrial Property. If the application is one of the cases as prescribed in Clause 2 Article 109 the Law on Intellectual Property, the agency will issue a refusal notice (clearly state reason).

The time to appraise the form is 01 month from the date of submitting.

Stage 2: Publish the application

The accepted application will be published on the gazette within 02 months from the date of acceptance.

Stage 3: Content appraisal

          The valid application will be appraised content. The purposes of this step are to evaluate the possibility of granting the protection title and to determine the corresponding protection. Time to appraise content. During this time, the agency may request the applicant to explain the content, provide information relating to the nature of stated objects.

Step 3: Grant the protection title and publish

          The application is not one of the refusal cases to grant the protection title as prescribed in Clause 1, Clause 2 and Point b Clause 3 Article 117 the Law on Intellectual Property and the applicant pays the fee, the agency will grant the protection title and record on the National Register of Industrial Property.

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

Notices: The validity of a protection title is 10 years from the date of submission. It can be renewed many consecutive times.

Viet An Law provides legal services relating to trademark registration:

• Legal advice on procedures and conditions for trademark registration;
• Advice on the possibility of trademark registration;
• Conduct a preliminary search for trademark;
• Search for the trademark at the Intellectual Property office;
• Represent customers in the registration process;
• Draft trademark registration dossier;
• Submit and monitor the registration process at the Intellectual Property office;
• Represent customers and discuss with the Intellectual Property Office about the trademark registration.