Time limit(filing to granting date) for trademark registration in Vietnam

Time limit (file to grant) in trademark registration Vietnam lasts 15 months to 18 months of which 01 months is for formality examination, 02 months are for publication of trademark application, 09 months for substantive examination of the trademark registration application, and 02 – 03 months for granting protection title.

Time-limit for formality examination: 01month from the filing date.

The National Office of Intellectual Property shall examine if the application is with eligibility in terms of forms, samples of trademark, application owner, application filing rights, grouping…

If the application form of enterprise satisfies the conditions, the National Office of Intellectual Property shall issue a notification of acceptance of a valid application and publish the application.

If the application form does not meet the conditions, the National Office of Intellectual Property shall issue a notification of the refusal and request the enterprise to amend the application. An enterprise shall make an amendment of the application form as required and submit the revised documents to the National Office of Intellectual Property.

 Time-limit for publication of trademark application: 02 months from the date on which the notification of acceptance is issued.

Contents of publication of trademark application is the information related to the valid application which is recorded on the notification of acceptance of the valid application, trademark samples, and the list of goods, services enclosed.

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

The National Office of Intellectual Property shall examine conditions for trademark registration and examine the possibility to grant protection title. If the trademark registration application satisfies the conditions, the National Office of Intellectual Property shall issue the notification of intention for granting a certificate for the trademark registered by the enterprise.

If the trademark registration application does not meet the conditions, the National Office of Intellectual Property shall issue the notification of refusal to grant the certificate for the trademark registered by the enterprise, the enterprise shall consider and send a written response with complaints as well as provide evidence and grounds for granting the protection title for the trademark of the enterprise.

Time-limit for granting protection title: 02 – 03 months from the date of paying fees for granting protection title.

After the decision to grant protection title, the enterprise pays the granting fees and obtain the trademark protection title.

After receiving the granting decision, the enterprise shall submit granting fees and get the trademark registration title.

In reality: The time to examine trademark registration applications from the filing date until the granting of trademark protection title or refusal to grant the protection title often lasts from 15 to 18 months.

To perform the trademark registration in Vietnam, Trademark renewals in Vietnam , Copyright registration, Patent registration in Vietnam. Please contact Viet An Law – IP Firm in Vietnam. Email: info@vietanlaw.com