Requirements for trademark application in Vietnam

According to the Annual Report 2023 of the Intellectual Property Office, in 2023, the Office received 156,413 trademark, patent, and other intellectual property protection applications (an increase of 11% compared to 2022). This is a significant number compared to other administrative procedures, indicating that intellectual property protection, particularly trademark protection, is becoming increasingly important. Therefore, in this article, Viet An Law Firm would like to introduce the requirements for trademark registration applications under current law.

Entities Eligible to Register Trademark in Vietnam

According to the provisions of Article 87 of the Intellectual Property Law 2005, as amended and supplemented in 2022, the following organizations and individuals have the right to register for trademark protection:

Ordinary Goods and Services Trademarks

• Organizations and individuals have the right to register trademarks for goods they manufacture or services they provide;
• Organizations and individuals engaged in lawful commercial activities have the right to register trademarks for products they bring to the market, even if those products are manufactured by others, provided that the manufacturer does not use the trademark for the product and does not oppose the registration.

Collective Trademarks

Legally established collective organizations have the right to register collective trademarks for use by their members according to the rules of collective trademark usage, specifically:

• For signs indicating the geographic origin of goods or services: collective organizations of organizations or individuals engaged in production and business in that locality;
• For place names or other signs indicating the geographic origin of local specialties of Vietnam, permission from the competent state authority is required.

Certification Trademarks

In this case, an organization that has the function of controlling and certifying the quality, characteristics, origin, or other criteria related to goods or services has the right to register a trademark.

However, this organization must meet the condition of not engaging in the production or business of those goods or services.

In particular, for place names or other signs indicating the geographic origin of local specialties of Vietnam, registration must be authorized by the competent state authority.

Documents Required for Trademark Registration Application in Vietnam

According to the provisions of Article 100 of the Intellectual Property Law 2005, as amended and supplemented in 2022, the trademark registration application must include the following minimum documents:

• 02 Registration forms according to the model specified in Form No. 08, Appendix I, issued together with Decree No. 65/2023/ND-CP;
• 07 Samples of the trademark and a list of goods or services bearing the trademark;
• Power of attorney from the trademark owner if the application is submitted through a representative;
• Documents proving the right to register, if the applicant derives this right from another person;
• Documents proving the right of priority, if claiming priority;
• Proof of payment of state fees.

Additionally, for collective trademarks or certification trademarks, the application must also include the following additional documents:

• Regulations for the use of the collective trademark/certification trademark;
• A description of the nature, characteristics, or distinctive quality of the product bearing the trademark (if the trademark is registered as a collective trademark for products with distinctive characteristics, or as a certification trademark for product quality, or as a certification trademark for geographic origin);
• A map defining the territory (if the trademark is registered as a certification trademark for the geographic origin of the product).

Requirements for trademark application in Vietnam

General Requirements for Trademark Registration Application

• Each application may request the issuance of only one trademark protection certificate.
• All documents of the application must be prepared in Vietnamese. Documents written in other languages must be translated into Vietnamese.
• All documents of the application must be presented vertically (diagrams, charts, and tables may be presented horizontally) on A4-sized paper (210mm x 297mm), with 20mm margins on all four sides, except for supplementary documents whose origin is not intended to be included in the application.
• Documents that must be submitted according to a form must use the prescribed forms and fill in all required information in the appropriate places.
• If any document consists of multiple pages, each page must be numbered sequentially using Arabic numerals.
• Documents must be typed or printed using indelible ink, clearly and neatly, without erasures or corrections. If minor errors related to spelling are found in the documents submitted to the Intellectual Property Office, the applicant may correct such errors, but the corrected part must be signed (and stamped, if applicable) by the applicant.
• The terms used in the application must be in the common language (no regional terms, rare words, or self-created terms). Symbols, units of measurement, electronic fonts, and spelling rules used in the application must comply with Vietnamese standards.
• The application may be accompanied by supplementary documents in the form of electronic data carriers containing part or all of the contents of the application.

Requirements for Trademark Registration Form

The applicant or the applicant’s representative must fill in all required information under Decree No. 65/2023/ND-CP, specifically as follows:

• The type of trademark to be registered must be clearly identified, including: collective trademark, certification trademark, sound trademark, 3D trademark.
• The applicant must describe the trademark in words, including a full description of: the name and colors of the trademark, the constituent elements of the trademark, an explanation of the content and meaning of the graphic elements, and specify the pronunciation if the trademark consists of non-Vietnamese characters.
• The goods and services bearing the trademark must be classified accurately and appropriately according to the Nice Classification, as published by the state authority on industrial property rights in the Official Gazette of Industrial Property.

Requirements for trademark sample

The overall trademark must be presented within a trademark template with dimensions of 80mm x 80mm.

In the case where the protected trademark is three-dimensional, the applicant must submit a photograph or drawing that shows a perspective view. Additionally, a projection view may be included to provide a clearer representation. If an individual or organization requests protection for the color of the trademark, the colors to be protected must be presented correctly.

Specifically, for sound trademarks, the trademark sample must be an audio file in digital MP3 format with a size not exceeding 3 MB. Accompanying this, a graphical representation of the sound must be provided, specifically shown in the form of a five-line musical staff.

Above is the full consultation from Viet An Law Firm regarding requirements for trademark application in Vietnam. If you require further detailed advice, please contact Viet An Law Firm for the best support.