Trademark in Vietnam

Viet An Law Firm is a law practice organization and also an Intellectual Property Representative Organization in Vietnam, which has code of 83, recognized by the National Office of Intellectual Property as operating under Decision No. 1448/QD-SHHT 2007. After 16 years of operation, Viet An Law has supported the procedure of established intellectual property rights in general and trademark registration in particular for many 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.

Trademark in Vietnam

• Viet An Law Firm supports the application owner in preliminary trademark search
• Researech in-depth trademark for comprehensive results to determine the plan to file a trademark registration application at the National Office of Intellectual Property (NOIP) of Vietnam.
• Consulting on registration conditions and procedures for trademark registration in Vietnam.
• Consulting on signs that are similar, duplicate, or cause confusion leading to the mark not being granted a protection title;
• Consulting to identify classes and subheadings for trademarks to avoid being rejected in terms of form and content during the trademark application test at the NOIP.
• Consulting the plan to amend the trademark registration to be able to register for the grant of a protection title.
• Consulting and guidance on time of establish rights to trademarks: According to the law of Vietnam and some countries, trademarks can only be established on the basis for the decision to grant an exclusive protection title or to recognize the international registration of the NOIP. This is the principle of first-to-file, which is different from the intellectual property laws of the United States and some other countries based on first-used.
• Advice on the scope of protection of a trademark protection title: 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 registration protected in a country will be protected in that country without having to register a country automatically to be protected worldwide. Therefore, enterprises demand to trade in their goods and services in different countries need to register for protection of their trademarks in those countries to avoid disputes over the use of trademarks in the course of business.
• Representing foreign customers, businesses and applicants 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 mark in Vietnam .
• Consulting on branding strategy and development.
• Resolving trademark infringement.
• Objection to trademark registration.
• Responding to a trademark registration application that is refused protection title.
• Complain about issues related to the establishment and protection of trademark rights.
• Cancellation of the certificate of trademark registration.

Trademark registration abroad

• 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 upon client’s request: advice on how to establish trademark rights in countries around the world based on the laws of each country.
• Consultancy on trademark registration directly in each country or through the Madrid International registration system by submitting an application that specifies the countries applying for registration. When registering under Madrid, the mark must first have been filed or registered in Vietnam, depending on the countries applying for protection under the Madrid Protocol or the Madrid Agreement.
• Evaluation of the validity of the certificate of trademark registration and the possibility of infringing upon the trademark rights being 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 abroad .

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

Viet An Law Firm 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 sample;
• 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 right (if any).
• Pay the prescribed fee.

Regulations on the International Classification of Trademarks

• Trademarks can be classsified acccording to the International Classification of Trademarks (Nice Classification). Most countries around the world use the this Classification as the basis for classifying trademark applications.
• The classification of trademarks may be the same but may also be different from the list of registered business lines. This is because there are similar industries sectors but are classified differently, and vice versa.
• All goods and services on the market have many types, but according to the Trademark Classification, there are only 45 classes. In which, from class 1 – 34 for goods and from class 35 – 45 for services .
• In Vietnam and most countries around the world, a trademark registration fee is applied based on the classes of goods and services registered for the mark. When a trademark application has more classes of goods and services, the registration fee will be higher.
• A trademark registration application can register from 01 to 45 classes of goods and services according to the applicant’s needs. In some countries as Myanmar, a trademark application is only registered for one group.

Term of trademark protection

Vietnam’s regulations as well as most countries in the world about the term of trademark protection is 10 years from the filing date.

Some related 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 is it necessary 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.

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