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Trademark registration fees in Vietnam

In the process of protecting a business’s intellectual goods, registering trademark protection is an important business strategy to build a brand in the market. To facilitate businesses in registering trademarks and updating related regulations, Viet An Law would like to introduce to you an updated article related to trademark registration fees in Vietnam according to current regulations.

Trademark registration

Legal basis

  • Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022;
  • Circular 263/2016/TT-BTC on fees and charges for industrial property and the collection, transfer, management, and use thereof, as amended and supplemented from time to time;
  • 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 44/2023/TT-BTC on fees and charges to support the people and enterprises;
  • Circular 63/2023/TT-BTC on amendments to certain circulars prescribing fees and charges of the Minister of Finance to encourage the use of online public services.

What is trademark registration?

According to the provisions of Article 6.3(a) of the Intellectual Property Law, industrial property rights to trademarks are established based on a decision to grant a protection title by a competent state agency according to registration procedures as prescribed in this Law or recognition of international registration according to international treaties to which the Socialist Republic of Vietnam is a member. Thus, trademark registration is the basis for protecting exclusive rights to the trademark according to the provisions of the law.

Trademark registration is registering and protecting a trademark’s intellectual property rights, done through registration with a competent authority or intellectual property agency. Through this process, the trademark owner receives the exclusive right to use and protect that trademark, prevent copying or unauthorized use by other parties, and has the right to apply legal measures to handle that infringement. Trademark registration ensures recognition and legalization of the owner’s intellectual property rights while creating favorable conditions for building and protecting brands in the business environment.

Trademark registration is important in protecting intellectual property rights and determining exclusive rights to use the trademark. By registering a trademark, the owner receives legal recognition and the exclusive right to use the mark in his or her business. This helps prevent copying or unauthorized use by other parties, protecting the value and reputation of the brand. In addition, trademark registration also creates favorable conditions for building and developing business brands, creating trust and recognition from customers, while creating distinction and competition in the market.

Regulations on collection of fees and charges for trademark registration

Regulations in Article 7 of Circular 23/2023/TT-BKHCN, the collection of trademark registration fees and charges are carried out as follows:

  • When receiving applications or requests to carry out procedures with regulations on collection of fees and charges, the National Office of Intellectual Property requires the applicant to pay fees and charges according to regulations (make a receipt for the applicant);
  • When collecting fees and charges, the National Office of Intellectual Property shall issue a fee and fee collection receipt as a fee and fee payment document, clearly stating the amounts and levels of fees and charges collected, and save it in the application file for formality examination stage of the application;
  • In case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property, the collection of fees and charges is determined through a copy of the fee and fee payment voucher in the application.

Thus, according to current regulations, applicants can pay fees and charges through the following forms:

  • Submit directly to the National Office of Intellectual Property;
  • Submit via postal service;
  • Submit directly to the Intellectual Property Department’s account.

Domestic trademark registration fees in Vietnam

Official fees are prescribed in Circular 263/2016/TT-BTC, according to which the applicant for trademark registration directly at the National Office of Intellectual Property must pay the following fees:

No Official fees Fee (thousand VND)
Fees
1 Application fee 150
2 Fee for granting a Certificate of Protection (can be paid at the time of application or upon notification of granting a protection title)

For trademark applications containing more than 1 class of goods/services, from the 2nd class onwards, an additional amount must be submitted for each class.

120

 

 

 

100

Charges
3 Trademark application examination fee (for each class with a maximum of 6 goods/services/1 class)

The fee for examination of a trademark application with more than 6 goods/services in a class, must be paid additionally for each good/service from the 7th onwards

550

 

 

120

4 Fee for international classification of goods and services for trademarks (for each class of no more than 6 goods/services) (if not yet classified)

If each class has more than 6 goods/services, an additional payment must be made for each good/service from the 7th onwards.

100

 

 

 

20

5 Information research fee to serve examination, complaint resolution, and other tasks within the scope of responsibility (for trademarks for each class of up to 6 goods/services); Research associated trademarks to serve the examination of registration dossiers of industrial property rights transfer contracts (each protection title) for the trademark;

If the object of the search is a trademark with more than 6 goods/services in a class, an additional payment must be made for each good/service from the 7th onwards.

180

 

 

 

 

 

 

 

30

5 Fee for examination of request for priority rights (per application/request) (if any) 600
7 Fee for examination of the request for amendment of trademark registration application (for each amended content of each application) – except for amendments according to Protection Titles issued abroad at the request of the fee-collecting organization 160
8 Fee for examination of application transfer request (per application) 160
9 Fee for handling a third party’s request for opposition to the grant of a Protection title (for trademarks for each class) 550
10 Fees for publication information on industrial property 120
11 Fees for registering information on industrial property 120
Fees related to the trademark protection process
1 Fee for examination of the application for transfer of ownership rights (per protection title) 230
2 Fees for examination of requests for extension, maintenance, and amendment of protection titles; renewal or termination before the validity period of Trademark transfer contract (each protection title); record changes in trademark ownership information related to the mark in the National Register; Amendments to the Certificate of Trademark Transfer Rights Contract, including amendments to the scope of transfer, amendments to extend the term (each protection title is related to the amended content) and other amendments (each Certificate of transfer of use rights) 160
3 Fee for examination of request to terminate validity of protection title (each protection title) 180
4 Fee for examination of request to invalidate protection title (each protection title) 390
5 Fees for appraisal of documents examining industrial property representation and industrial property assessment operations (each subject) for trademarks 300
6 Fee for the re-examination of results of an examination of the industrial property representation profession and industrial property assessment profession (each subject) for trademarks 150
7 Examination fee dossier requesting issuance of Certificate of industrial property representative service practice, Industrial property inspector card, Certificate of industrial property inspector organization, Dossier requesting deletion of representative’s name industrial property representation, record/delete the name of industrial property representation service organization (including amending information on industrial property representation) for trademarks 250

Note:

  • Fees and charges are collected in Vietnamese Dong (VND).
  • The above fees do not include VAT, industrial property representation service fees (if applying through a representative), translation fees, notarization fees, and costs incurred during the application process.
  • Fee reduction is determined each year depending on the state’s socio-economic policies.

Trademark registration fees through international application in Vietnam

International trademark registration fees are implemented according to the Fee Schedule provisions specified in the Madrid Protocol (effective from February 1, 2023) and Circular 263/2016/TT-BTC.

No Fee name Fee (thousand VND)
Regulations in Circular 263/2016/TT-BTC
1 Fees for carrying out procedures for international registration of trademarks of Vietnamese origin – do not include fees payable to the International Bureau 2000
2 Fees for examination of modification, transfer, extension, territorial expansion, product list restriction, termination, invalidation of internationally registered trademarks of Vietnamese origin 1000
3 Madrid application examination fee has a Vietnamese designation for each class of goods or services 3600
4 Fee for examination of a renewal application for each class of goods or services 3200
Regulations in the Madrid Agreement/Protocol
1 Basic registration fee for monochrome trademark (black and white) 18500
2 Basic registration fee for multicolored trademarks 25500 (~903 CHF)
3 Surcharge for each product class according to the international classification of goods, according to which goods and services will apply the 3rd class mark onwards (Articles 8.2(ii) and 7(a)(i)), except in cases where individual fees are specified. 2900 (~100 CHF)
4 Fees are required to expand the scope of protection, except in cases where individual fees are specified. 2900
5 An individual fee for each Designated Contracting Party for which an individual fee (but not an additional fee) is payable, except where the Designated Contracting Party and the Contracting Party of the Office of Origin are both also States. bound by the Agreement, in which case an additional fee shall be payable to that designated Contracting Party (Article 8(7)(a) and 9sexies(1)(b) of the Decree letters)
Australia 6500
Indonesia 125 CHF + 125 CHF (each additional class)
Japan 304 CHF + 285 CHF (each additional class)
Myanmar 221 CHF + 221 CHF (each additional class)
Philippines 101 CHF + 101 CHF (each additional class)
Singapore 261 CHF + 261 CHF (each additional class)
Antigua and Barbuda 6200
Armenia 5300 (1 class) + 540 (each additional class)
Bahrain 48000
Malaysia 1100
African Intellectual Property Organization (OAPI) 16000 (1 layer) + 3300 (each additional layer)

Note: The conversion value from CHF to VND is only relative, exchange rates may change over time.

Fee collection form:

  • Fees and charges collected through the International Bureau of the World Intellectual Property Organization (WIPO) are collected in Swiss Francs (CHF) based on converting the fee into Vietnamese Dong at the official exchange rate of the United Nations.
  • For fees collected through WIPO’s International Bureau: The fee is transferred to the organization’s account according to the notice sent through the National Office of Intellectual Property of Vietnam.
  • Failure to pay the fee in full within the time limit notified by WIPO will be abandoned and the applicant will be reimbursed the fee paid after deducting half of the basic registration fee stipulated for the reception of the initial application.

Adjustment regulations of trademark registration fees in Vietnam

The fee reduction is determined each year depending on the state’s socio-economic policies. For example, in 2021 and 2023, the Minister of Finance issued Circular No. 47/2021/TT-BTC and Circular No. 44/2023/TT-BTC reducing general industrial property fees and payment fees. Trademark registration applications in particular are equal to 50% of the fee rate specified in Section A of the Schedule of industrial property fees and charges issued with Circular No. 263/2016/TT-BTC dated November 14, 2016. to support the recovery of the market economy after the Covid-19 pandemic.

In October 2023, the Minister of Finance issued Circular No. 63/2023/TT-BTC amending and supplementing several articles of Circulars regulating fees and charges of the Minister of Finance to Encourage the use of online public services, including a 50% reduction in industrial property fees prescribed in Circular No. 263/2016/TT-BTC from January 1, 2024, through December 31, 2025.

The difference between these Circulars is the scope of regulation, specifically:

  • In terms of time: Circular No. 47/2021/TT-BTC and Circular No. 44/2023/TT-BTC only apply for a short period of 1 year, specifically 2021 and 2023 for recovery, development and promotion of industrial property registration and re-activate businesses after the pandemic. Meanwhile, Circular 63/2023/TT-BTC applies for a longer period, specifically in 2024 and 2025.
  • Regarding regulated subjects: Circular No. 47/2021/TT-BTC and Circular No. 44/2023/TT-BTC have a broader scope of application: for all forms of requests for protection industrial property rights, both online as well as direct. However, because the purpose of Circular 63/2023/TT-BTC is to promote the use of online public services, this Circular only applies when the owner of an industrial property registration application applies online. Online public service information portal of the National Office of Intellectual Property.

However, it should be noted that, until December 2023, the National Office of Intellectual Property’s online public service information portal (https://dichvucong.ipvietnam.gov.vn/thu-tuc-hanh- main ) only offers online filing with patent registration starting from January 2024. This means that applicants from January 2024 until the next announcement of changes to the online public service portal will only receive a fee reduction when registering for patent protection online but not yet applicable for trademark registration.

Therefore, when applying regulations on fee exemption and reduction, applicants need to pay attention to the scope of regulation of the relevant Circular and the actual response of procedures at the National Office of Intellectual Property.

Above are the regulations on trademark registration fees in Vietnam that Viet An Law has compiled to inform you. Viet An Law provides services related to trademark registration protection in Vietnam and abroad, please contact us to receive the most effective support.

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