Sample of trademark certificate in Vietnam

A trademark registration certificate is an intellectual property protection title issued by the National Office of Intellectual Property to trademarks that meet the protection requirements. This is an important basis for the emergence and establishment of trademark protection rights. What is the sample of trademark certificate in Vietnam? Viet An law will answer this question for you.

Where is the form of the trademark registration certificate regulated?

According to Form No. 13, Appendix 2 of Decree 65/2023/ND-CP, the form of the Trademark Registration Certificate is defined as follows:

What does the sample of trademark certificate in Vietnam include?

The sample trademark certificate is issued in electronic and paper forms (in case the applicant requests a paper copy). According to Clause 1, Article 29 of Decree 65/2023/ND-CP, the trademark certificate records information as prescribed in Clause 1, Article 92 of the Intellectual Property Law and according to Form No. 13, Appendix 2 of Decree 65/2023/ND-CP.

Specifically, the following information is included:

Information on number, holder, and related date

• Trademark registration certificate number. For example, trademark registration certificate No. 131451.
• Filing number, filing date: Record by filing number and filing date submission.
• Decision number and issuance date: by decision of the Director/Deputy Director of the National Office of Indtellectual Property.

Hoder information

Certificate holder information: Information filled in this section includes the name, nationality (abbreviated according to the standards of the World Intellectual Property Organization) and address of the certificate holder. In case there are many certificate holders, the certificate holder stated in this section is the first organization or individual in the list of organizations or individuals provided by the applicant in the trademark registration form.

The validity period of trademark certificate

Valid from the date of issue until the end of 10 years from the date of application (renewable).

Trademark information

• Mark
• Color, mark type, other content
• Nice classes: Selection of goods and services associated with the trademark on the trademark registration form. Classification of categories according to the Nice list of goods/services at the time of trademark registration.
• Other certificate holders (if any): Information filled in this section includes the name, nationality (abbreviated according to the standards of the World Intellectual Property Organization), and address of the certificate holder. In case there are many certificate holders, the certificate holder stated in this section is the first organization or individual in the list of organizations or individuals provided by the applicant in the trademark registration form.
• Information on renewal and amendment process (if any)

What is the form of the trademark registration certificate?

The trademark registration certificate is issued in electronic and paper forms (upon the applicant’s request).

A trademark registration certificate typically consists of two pages: a blue background page and a page that records the trademark and description. In cases where there are modifications or additions to the trademark, the relevant information will be attached to subsequent pages of the certificate.

Note: In cases where industrial property rights are jointly owned, the protection certificate will only be issued to the first person listed in the application. Other co-holders may request the National Office of Intellectual Property to issue a duplicate certificate, provided that they pay the corresponding fee.

What is the validity period of a trademark registration certificate?

A trademark registration certificate is valid for 10 years from the filing date and can be renewed for consecutive 10-year periods for the entire or part of the list of goods and services.

To renew the validity of a trademark registration certificate, the holder must file a renewal application within 6 months prior to the expiration date.

Late renewal applications may be filed within a grace period of 6 months from the expiration date, subject to the payment of a late renewal fee.

Modification of information on a trademark registration certificate

According to Article 29 of Decree 65/2023/ND-CP, the holder of a trademark registration certificate may request to modify the information on the certificate, including:

• Changes to the name and address of the holder; name and nationality of the inventor;
• Change of certificate holder (due to inheritance, merger, division, consolidation, joint venture, association, establishment of a new legal entity by the same holder, change in business form, or by a court decision or other competent authority);
• Modification of the regulations for the use of a collective mark or certification mark;
• Request to reduce the list of goods or services for which the trademark is registered;
• Remove minor elements that are disclaimed (not individually protected) but do not affect the trademark’s distinctiveness as registered.

Accordingly, the holder must submit a request to modify the trademark to the National Office of Intellectual Property.

Can a lost or damaged trademark registration certificate be reissued?

According to Clause 7, Article 29 of Decree 65/2023/ND-CP, if a protection certificate or a duplicate of a protection certificate is lost, damaged, torn, soiled, faded to the extent that it cannot be used, or disassembled without retaining the seal, the holder of the industrial property right may request the National Office of Intellectual Property to reissue the protection certificate or a copy thereof, subject to the payment of the corresponding fee.

Information about a specific trademark registration certificate

To help the client identify the sample of a trademark certificate, Viet An law provides information about a specific certificate issued by the National Office of Intellectual Property on July 10, 2024:

• Trademark registration certificate number: 51954
• Filing number and filing date: VN-4-2021-51954, filed on December 27, 2021
• Decision number and issuance date: 4-0499070-000, issued on July 10, 2024
• Name and address of the holder: An Lap Phat Aluminum Investment Trading Production Co., Ltd.: H19-H20-20A, Street No. 3 and No. 6, Le Minh Xuan Industrial Park, Le Minh Xuan Commune, Binh Chanh District, Ho Chi Minh City.
• Trademark representation and color: White, blue.
• Type of trademark: Mark type (figure/word/combination) is combined; the trademark is protected as a whole. “D” and “T” are not individually protected.
• List of goods and services:
  • Class 37: Installation of metal window frames, metal windows and doors, metal ceiling panels, metal wall panels;
  • Class 6: Aluminum, metal doors; aluminum sheets; metal window frames; aluminum doors; metal windows;
  • Class 35: Buying, selling, advertising, and importing/exporting aluminum profiles, aluminum sheets, aluminum doors, metal window frames, metal windows and doors, metal ceiling panels, steel, and steel pipes.

The above is Viet An law advice on the sample of trademark certificate in Vietnam. If you have any questions or need assistance with trademark registration or other intellectual property matters, please contact the Intellectual Property Representative of Viet An Law for the best support!

Updated: 9/ 2024