The process to register a foreign trademark in Vietnam:
Application for registration of a foreign trademark in Vietnam included:
Steps to register of a foreign trademark in Vietnam:
Step 1: Filing the application
The application shall be accepted by the Vietnam state management of industrial property only if it include two compulsory below:
Send the application to National Office of Intellectual Property in Vietnam.
The filing date of the application for registration is the date when NOIP receives the application or the date of the application for international registration.
Step 2: Formal examination of applications for registration of a foreign trademark.
The applications shall be subject to formal examination for evaluation of their validity. An application shall be considered invalid in the following cases:
An application shall have its form examined within one month from the filing date.
Step 3: Publication of applications for registration of a foreign trademark.
The applications for registration of marks shall be published within two months as from the date such application is accepted as being valid.
Step 4: Substantive examination
Applications for registration of foreign marks which have already been accepted as being valid shall be substantively examined for evaluation of the eligibility for grant of protection titles for subject matter stated in such applications under protection conditions. For marks, applications shall be substantively examined within six (6) months from the date of publication of the application. (Article 119 Vietnam Law on Intellectual Property).
Step 5: Grant a protection title, entry into the register
Where an application for registration of industrial property does not fall into the cases of refusal to grant protection titles and the applicant has paid the fee, the State administrative body for industrial property rights shall decide to grant a protection title and enter it in the National Register of Industrial Property.
The term of foreign trademarks protection
A certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date and may be renewed for many consecutive terms, each of ten (10) years. Therefore, a trademark is an asset throughout the business operation of an enterprise.
Please contact Viet An Law Firm for more details on registering a foreign trademark in Vietnam!
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