Time limit for trademark registration in Vietnam

The trademark registration declaration, or what many people call it, the trademark registration application, is an important and indispensable component in the trademark protection registration dossier. Nowadays, trademark registration is no longer strange but is becoming increasingly important and necessary because of the need to create a difference from other brands in the market. In the following article, Viet An Law will summarize the regulations on Time limit for trademark registration in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP details several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and State management on intellectual property;
• Circular 23/2023/TT-BKHCN guiding the Intellectual Property Law and Decree 65/2023/ND-CP guiding the Intellectual Property Law on industrial property;
• Circular 263/2016/TT-BTC regulates industrial property fees.

What is the time limit for trademark registration in Vietnam?

Pursuant to the provisions of Clause 16, Article 4 of the Intellectual Property Law, a trademark is a sign used to distinguish goods and services of different organizations and individuals.

The time limit for processing a trademark application is the total time from the time the application is filed until the trademark is granted a Trademark Registration Certificate or is refused a protection title.

Distinguish between trademark and brand under Vietnamese law

Why is it necessary to register a trademark?

Registering trademark protection is necessary and has important implications for the sustainable development of a business.

• Establishing ownership of the trademark: When successfully registering a trademark and being granted a Trademark Registration Certificate, the business will be protected by law for the right to use that trademark.
• Protecting trademarks from infringements by other organizations and individuals: By registering and being granted a Trademark Registration Certificate, an enterprise’s trademark will be protected by law against any infringements by other organizations or individuals.
• Increase brand recognition with customers: Trademark registration is a method to help announce a business’s brand to the public.
• Exploiting commercial benefits from protected trademarks: After registering a trademark, businesses can exploit commercial benefits from their trademarks such as: Using the trademark for their products and services. ; Transfer of rights to use and own trademarks…

Dossier for trademark registration in Vietnam

• Trademark registration declaration made according to form Appendix I – Form No. 08 Appendix attached to Decree No. 65/2023/ND-CP (02 copies: 01 copy is kept by the National Office of Intellectual Property to carry out procedures, the remaining 01 copy is stamped, barcoded and returned to the applicant).
• Trademark samples submitted according to the application: 06 attached samples, in addition to 1 sample attached to the declaration, the label sample that needs to be prepared is no smaller than 2cm x 2cm and no larger than 8cm x 8cm. For sound trademarks, the trademark template is the audio file and the graphical representation of that audio.
• Power of attorney for Viet An Law 01 copy (if submitted through Viet An Intellectual Property Representative Organization).
• Proof of payment of application fee (01 copy).
• Other documents (if any).

The time limit for trademark registration in Vietnam

The time limit for processing trademark registration applications is shown through the procedures for implementing trademark registration below:

Step 1: Submit a trademark application

• After a profound search and the trademark is assessed as capable of registration, the applicant proceeds to submit a trademark registration application at the National Office of Intellectual Property.

Step 2: Formality examination of the trademark registration application

• The time limit for the formality examination of a trademark application is 01 month from the date of application submission.
• The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label sample, application owner, filing rights, classification, etc.
• If the business’s registration application meets the conditions. The National Office of Intellectual Property will issue a Notice of acceptance of the valid application and publish it in the Industrial Property Gazette.
• If the business’s registration application does not meet the conditions, the National Office of Intellectual Property will issue a Notice of non-acceptance of the application and request the enterprise to make amendments. The application owner and representative of the application owner shall make amendments as requested. After that, submit the amended dispatch to the National Office of Intellectual Property and pay additional fees if the group is classified incorrectly.

Step 3: Publication of the application

• The time limit for publication of the trademark application is 02 months from the date of notification of acceptance of the valid application.
• Form of publication: Website of the National Office of Intellectual Property and Industrial Property Official Gazette.

Step 4: Substantial examination of the application

• The time limit for substantial examination is 09 months from the date of publication of the application.
• The National Office of Intellectual Property reviews the conditions for trademark registration. On that basis, evaluate the possibility of granting a certificate to the trademark that the applicant has registered. If the application meets the conditions, the National Office of Intellectual Property will issue a Notice of intention to grant a trademark protection title.
• If the application does not meet the conditions, the National Office of Intellectual Property issues a Notice of not granting a certificate to the trademark that the applicant has registered. The owner of the trademark application shall review and send an official dispatch to respond to the decision of the National Office of Intellectual Property. The applicant provides grounds for granting a trademark protection certificate for his or her trademark. In case the National Office of Intellectual Property still refuses the response reason, the applicant can choose the procedure to appeal the refusal decision.

Step 5: Issue the Trademark Registration Certificate

• After the trademark owner has paid the registration fee, the National Office of Intellectual Property will issue a trademark protection certificate within 2-3 months from the date of payment of the fee.

Therefore, the processing time for a trademark application is about 12 – 18 months from the date of acceptance of a valid application. However, this time limit may be extended in reality due to the overload of applications. Understanding the process clearly and tracking the application progress promptly when delays occur, as done by Viet An Law when you use our Intellectual Property representation services, will help process the application more smoothly, quickly, and according to the most prescribed regulations.

Fees and charges during the processing of trademark registration applications in Vietnam

Application fee

• Application fee: 150,000 VND/01 trademark, 01 class of goods and services; For each group of goods/services registered for protection with more than 6 goods/services registered, additional fees must be paid for each good/service from the 7th onwards;
• Substantive examination fee: 550,000 VND;
• Application publication fee: 120,000 VND.

Fees for granting protection titles

After receiving notice of intention to grant a protection title, the applicant shall proceed to pay the granting fee.

• Fee for granting protection title: 120,000 VND;
• For each additional protected good/service group, the certificate fee increases to an amount of 100,000 VND.
• Registration fee: 120,000 VND;

Clients who need advice or learn more about trademark registration applications in particular and learn more about industrial property registration in general, please contact Viet An Law Firm for good support. best.