The time limit of processing a trademark application in Vietnam

The time limit for processing a trademark application is the total time from the filing of the application until the mark is granted or is denied a protection title.

From the date of receipt by the National Office of Intellectual Property (NOIP) in Vietnam, the trademark application has be reviewed in the following steps:

• File a trademark application.
• Formation examination: 01 month
• Publication of applications within 2 months from the date of application for trademark registration. Decision to accept valid application.
• Substantive examination: no later than 9 months from the date of publication of the application for issuance of a notice of intention to grant a protection title or for refusal.
• Pay the protection title issuance fee (if the trademark is protected).
• Receive title: within 1-2 months from the date of paying the degree fee.

Details and specific tasks of processing trademark applications are done through steps as follows:

Step 1: File a trademark application

After an in-depth searching and the trademark is evaluated to be registrable, the applicant proceeds to file a trademark registration application at the National Office of Intellectual Property.

Step 2: Formal examination of the trademark application

The time limit for formal examination of a trademark application is 01 month from the date of filing date.

• NOIP will examine whehter the application has eligibility in terms of form, traafdemark sample, applicaiton owner, filing right, subheadings of classes, etc.
• If the enterprise’s registration application meets all conditions, the NOIP will notify the acceptance of the valid application and publish the application.
• If the enterprise’s registration application does not meet the conditions, the NOIP will issue a Notice not to accept the application and demand the enterprise to amend. Enterprises make amendments as required and submit amendments to the NOIP.

Step 3: Publication of trademark application

Time limit for publication of trademark registration applications: 02 months from the date of notification of acceptance of valid applications.

Contents of announcement of a trademark registration application are information related to a valid application stated in the notice of acceptance of a valid application, a sample of the mark and the attached list of goods and services.

Step 4: Examine the content of the trademark application

Time limit for substantive examination: 09 months from the date of application publication.

• The NOIP considers the conditions for trademark registration, thereby assessing the possibility of granting a title to the mark that the applicant has registered. If the trademark registration application satisfies all conditions, the National Office of Intellectual Property shall issue a Notice of intention to grant a diploma for the trademark registered by the enterprise.
• If the trademark registration application does not satisfy all conditions, the NOIP shall issue a Notice not to grant a title to the mark registered by the application owner.

Step 5: The applicant receives a notice of granting or refusing to grant a patent

In case the trademark is granted a protection title

The applicant pays the fee for granting the protection title.

In case of trademark is refused to protect

When the NOIP issues a Notice not to grant a title to the mark that the applicant has registered. The trademark application owner shall review and send a written response to and appeal against the decision of the NOIP, and simultaneously provide legal basics for granting a trademark protection title for his or her trademark.

Step 6: Get the Certificate of Trademark Registration

Time limit for grant of title: 02-03 months from the date of payment of fees for grant of trademark registration certificates.

According to the experience of Viet An Law Firm, the normal time for trademark registration will last about 18 -24 months from the date of filing the trademark application.