Trademark in Vietnam

Viet An Law Firm is a law practice organization and also an Intellectual Property Representative Organization in Vietnam. With the intellectual property representative code of 83, recognized by the National Office of Intellectual Property under the Decision No. 1448/QD-SHTT 2007. After 15 years of operation, Viet An Law has supported the intellectual property registration procedure including trademark registration for tens of thousands of domestic and foreign customers. Besides, Viet An Law also supports customers in amending applications, amending protection titles, transferring, extending, granting copies, handling violations of customers’ trademarks in Vietnam and foreign countries. outside.

Trademark in Vietnam

• Viet An Law Firm supports application owners with free preliminary trademark search.
• Look up the official trademark registration for comprehensive results to determine the option to file a trademark registration application at the National Office of Intellectual Property of Vietnam.
• Consulting on registration conditions and procedures for trademark registration in Vietnam.
• Advice on signs that are similar, duplicate, or cause confusion leading to the mark not being granted a protection title.
• Consulting to identify groups and subgroups for trademarks to avoid being rejected in terms of form and content during the trademark application test at the National Office of Intellectual Property.
• Consulting the plan to amend the trademark registration to be able to register for the grant of a protection title for the application owner.
• Advice and guidance on when to establish a right to a mark: According to the law of Vietnam and some countries, a trademark can only be established based on a decision to grant an exclusive protection title or to recognize the registration. International Office of Intellectual Property. This is the principle of first – to – file or first-come-first-served, which is different from the intellectual property laws of the United States and some other countries.
• Advice on the scope of protection of a trademark registration certificate: The right to a trademark in particular and to intellectual property rights in general is confirmed to be protected by national territory, i.e. a trademark upon protected by registration in any country will be protected in that country without having to register a country automatically to be protected worldwide. Therefore, enterprises wishing to trade in their products and services in different countries need to register for protection of their trademarks in those countries so that their goods and services are not damaged. Disputes over the use of trademarks during business.
• Representing foreign clients, businesses, and application owners in applying for a certificate of trademark registration, recording amendments and renewals of trademark protection titles in Vietnam.
• Negotiate, draft, appraise and register a contract to transfer the right to use or own a trademark in Vietnam.
• Consulting on branding strategy and development.
• Handling trademark infringement.
• Objection to trademark registration.
• Responding to a trademark registration application that is refused protection title.
• Complaint about issues related to the establishment and protection of trademark rights.
• Cancellation of the certificate of trademark registration in accordance with the law.

Trademark registration in foreign countries

• Consulting Vietnamese individuals, businesses and organizations wishing to register their trademarks abroad or by territory or under the Madrid Agreement.
• Consulting foreign individuals and businesses wishing to register trademarks in different countries or by other international trademark registration methods.
• Advice on how to apply for trademark registration in different countries when businesses have needs: advice on how to establish trademark rights in countries around the world. This procedure depends on the laws of each country assigning rights to a mark upon the registration or use of the mark.
• Consultancy on trademark registration directly in each country or through the Madrid international registration system by submitting a single application that specifies the countries applying for registration. When registering under Madrid, the mark must be applied initially in Vietnam, depending on the countries applying for protection under the Madrid Protocol or the Madrid Agreement.
• Assess the validity of the certificate of trademark registration and the possibility of infringing upon the trademark can be protected in foreign countries.
• Exercising protected trademark rights: investigating, monitoring, negotiating, conciliating, taking legal action to court or requesting another competent authority to handle the infringement overseas.

Documents customers need to prepare when registering a trademark through Viet An Law

Viet An Law is an Intellectual Property Representative organization, so customers will be guaranteed all rights when using our trademark registration service. To register a trademark through Viet An Law whether in Vietnam or abroad, customers only need to prepare the following documents:

• Trademark template.
• List of goods and services that need to be searched and registered for trademarks.
• Sign the Power of Attorney according to the form of Viet An Law.
• Documents applying for priority rights (if any).
• Pay the prescribed fee.

Regulations on the International Classification of trademarks

• The classification of marks is based on the International Classification of Trademarks (Nice Classification). Most countries around the world use the International Classification of Trademarks as the basis for grouping trademark applications.
• The classification of trademarks may be the same but may also be different from the list of registered business lines of the enterprise. Because there are similar industries but are classified differently, and vice versa, there are different industries that are classified in the same group of goods and services when registering a trademark.
• All goods and services on the market have many types, but according to the Trademark Classification, there are only 45 groups. In which, from group 1 to group 34 for products and goods and from group 35 to group 45 (11 groups) for services.
• In Vietnam and most countries around the world, a trademark registration fee is applied based on the group of goods and services registered for the mark. When a trademark application has more groups of goods and services, the registration fee will be higher.
• A trademark registration application can register from 01 group of goods or services to 45 groups of goods and services according to the applicant’s needs. In some countries like Myanmar, a trademark application is only registered for one group.

Term protection of trademark in Vietnam

Vietnam’s regulations as well as most countries in the world about the term of trademark protection is 10 years from the filing date. After that, the trademark holder renews to maintain the validity of the trademark registration certificate. Accordingly, every time it expires, it will renew it again.

Trademark registration process

Normally, it takes about 18-24 months from filing a trademark application to being granted a Trademark Registration Certificate.

Frequently asked questions

Who has the right to register a trademark in Vietnam?

• Vietnamese individuals, organizations, and enterprises.
• Foreign individuals and organizations. (For individuals, organizations and foreign businesses that want to register a trademark in Vietnam, they must file a trademark registration application through an intellectual property representative company such as Viet An Law Firm).

Why do you need a trademark search?

The trademark search process to determine whether the trademark intended to be filed is similar or identical to the registered trademark of another subject? In addition, to evaluate the possibility of a trademark application being granted a protection title or not? Therefore, when searching for a trademark, it will save the application owner’s unnecessary time pursuing an application. Viet An Law supports the search and feasibility assessment before filing a trademark registration application.

Why do you need to register a trademark?

Registering a trademark for a new user is first to avoid infringing on someone else’s trademark. But more importantly, trademark registration for businesses, besides promoting brand promotion activities of enterprises, creating trust in relationships with customers, businesses also have a legal basis to protect their rights against unauthorized use of that mark.

Can a foreign individual or organization register a trademark in Vietnam by themselves?

No, foreign legal entities that want to register a trademark in Vietnam need to apply through an intellectual property representative company such as Viet An Law.

Viet An Law advises and represents clients to register trademarks in Vietnam, according to the Madrid Agreement, to register trademarks abroad such as: ASEAN countries, Japan, China, Korea, the European Community Europe, Australia, South Africa, the United States and other countries.