Requirements for trademark application in Vietnam

In an era of increasingly fierce competition, registering a trademark is not only an essential step to protect brand rights but also helps businesses assert their position in the market. However, to have a trademark application accepted, it is necessary to comply with strict legal and technical requirements. In this article, Viet An Law Firm will clarify in detail the requirements for trademark application in Vietnam, from regulations on form and content to factors that enhance the success rate when applying in accordance with current legal provisions.

Conditions for Trademark Protection

According to Article 72 of the Intellectual Property Law 2005 (amended and supplemented in 2022), a trademark is protected if it meets the following conditions:

• It is a visible sign in the form of letters, words, drawings, images, including three-dimensional shapes, or a combination of these elements, represented in one or more colors;
• It is capable of distinguishing the goods or services of the trademark owner from those of other entities.

Thus, for a trademark to be protected under the provisions of the Intellectual Property Law 2005 (amended and supplemented in 2022), it must be a visible sign and capable of distinguishing the goods or services of the owner from those of other entities.

Requirements for Trademark Application in Vietnam

Pursuant to Article 105 of the Intellectual Property Law 2005 (amended and supplemented in 2022) and Article 24 of Circular 23/2023/TT-BKHCN, the requirements for a trademark application are as follows:

Application Documents

A trademark application must meet the general document requirements stipulated in Articles 100 and 105 of the Intellectual Property Law, Appendix I of Decree No. 65/2023/ND-CP, and the guidance provided in Article 24 of Circular 23/2023/TT-BKHCN.

• In cases where there is a basis (information, evidence) to doubt the authenticity of the information provided in the application or when the information is unclear, the Intellectual Property Office shall notify the applicant to submit documents to verify or clarify such information within 02 months from the date of the notification. The documents may include the following:
• Documents proving the applicant’s status: Business registration certificate, contract, or other documents confirming the applicant’s production or service activities, documents confirming that the producer does not use the trademark, establishment license, organizational charter confirming the functions and authority to manage collective trademarks, and business registration certificate.
• Documents proving the applicant’s representation status: Original power of attorney from the applicant; documents confirming that the applicant’s representative is the legal representative of the organization registering the trademark or is authorized by that person; documents confirming that the authorized person meets the requirements to represent the applicant.
• Documents proving the right to use or register trademarks containing special signs: Documents proving the use of trademarks, trade indications, geographical indications, awards, medals, or distinctive symbols of a certain product type do not mislead or confuse consumers.
• Documents proving priority rights.
• Documents demonstrating the control and certification functions of the organization issuing certification or collective trademarks.
• Information necessary to clarify or confirm the contents stated in the collective trademark usage regulations, certification trademark usage regulations, or other application documents.
• Other documents suitable to clarify the authenticity of the information in the application.

Consistency

• The application must ensure consistency as stipulated in Clauses 1 and 4, Article 101 of the Intellectual Property Law 2005 (amended and supplemented in 2022). Each application may request registration of only one trademark for one or multiple goods or services.
• Goods and services listed in the trademark application must be classified in accordance with the classification table under the Nice Agreement on the International Classification of Goods and Services for Trademark Registration, as published by the state management agency on industrial property rights.

For collective trademarks and certification trademarks

• The organization entitled to register a certification trademark is an organization that has the function of controlling and certifying the characteristics of goods or services bearing the trademark, and such control and certification is carried out by the organization itself or delegated, contracted, or authorized to another organization in accordance with its legally prescribed functions.
• The regulations on the use of collective trademarks and the regulations on the use of certification trademarks must contain corresponding content.
• Documents proving permission to register collective trademarks or certification trademarks that include geographical names or other signs indicating the geographical origin of local specialties in Vietnam.

Requirements for other documents submitted with the application

• Power of attorney (if the application is submitted through intellectual property service organizations).
• Documents confirming permission to use special signs (if the trademark to be protected contains symbols, flags, or emblems of domestic and international agencies or organizations).
• Documents confirming the right to register.
• Documents confirming the assignment of registration rights from others.
• Documents proving priority rights (if the application requests priority rights).
• These documents must also comply with the formalities of the trademark application.

Some Frequently Asked Questions about Trademark Registration at Viet An Law

Why is it necessary to register a trademark for your products/services?

According to Article 72 of the Intellectual Property Law 2005 (amended and supplemented in 2022), registering a trademark helps protect your intellectual property rights over your products/services and prevents unauthorized copying or use. Once the protection certificate is granted, the trademark is legally recognized and protected.

Which trademarks are not protected in Vietnam?

According to Article 73 of the Intellectual Property Law 2005 (amended and supplemented in 2022), trademarks that are not protected include:

• Signs identical or similar to the national flag, national emblem, or national symbols.
• Signs that mislead regarding the origin, features, or quality of goods/services.
• Signs identical or similar to the marks, inspection marks, or warranty marks of international organizations, which are prohibited from use unless the organization itself registers them as certification trademarks.
• Signs that violate ethics, social order, or customary practices.

How long does the trademark registration process take?

According to Article 119 of the Intellectual Property Law 2005 (amended and supplemented in 2022), the trademark registration process includes:

• Formality examination: 1 month from the filing date.
• Publication of a valid application: 2 months from the acceptance date.
• Substantive examination: 9 months from the publication date.

Thus, the total usual duration ranges from 12 to 15 months. However, depending on actual circumstances, this period may be extended as notified by the National.

Office of Intellectual Property. To ensure the application is monitored properly, applicants should regularly track their application, update information accurately to receive notifications, and utilize professional IP services such as the industrial property representation services of Viet An Law.

Can a trademark be registered in multiple countries simultaneously?

Through the Madrid System under the provisions of Article 6 of the Madrid Agreement and the Madrid Protocol, businesses can file an international application based on a trademark already registered or applied for in Vietnam. This helps save time and costs when registering in multiple countries.

The above is the complete content regarding the requirements for a trademark application according to Viet An Law Firm. Clients in need of legal consultation are welcome to contact us for the best support!