Brand is considered one of the largest intangible assets of the business. Sometimes the value of the factory, investment equipment, goods and services is still lower than the value of the trademark owned by the enterprise. Therefore, the implementation of trademark registration is a necessary and sufficient condition for each goods and service before entering the market. Trademarks of main goods and services are associated with prestige, quality, customer confidence for specific products and services. Because brand is a sign to distinguish this business unit’s goods and services from other business units.
Customers who seek advice at Viet An Law often have questions: Who has the right to conduct trademark registration in Vietnam?
Under the provisions of the Intellectual Property Law, the subject is allowed to register trademarks including individuals and companies. In particular, including individuals, companies are Vietnamese or foreigners. However, if an individual or a Vietnamese company can register a trademark directly at the National Office of Intellectual Property or through an intellectual property representative to carry out trademark registration, it is for individuals and foreign companies wishing to register trademarks in Vietnam are required to file applications for trademark registration through Intellectual Property representative companies such as Viet An Law Firm.
Note: Although the brand has been issued a Certificate of Trademark Registration, if it is not used within five consecutive years, it will be required to terminate its validity.
Next question: What is brand classification? Why does it take many registration fees for a trademark to register multiple brands?
The registered trademark subgroup is based on the International Classification of Trademarks (Table of Fiber Types) applied by the whole world. All goods and services on the market have many types but according to the Brand Classification Table, there are only 45 groups. In particular, there are 34 groups for goods and 11 groups for services. In Vietnam, trademark registration fees are based on goods and services registered trademarks. As a result, the more customers register for more goods and services, the more the registration fee will be increased.
Steps for conducting search and trademark registration
In order to support businesses and individuals to establish trademark rights for their goods and services before going to the market quickly and professionally. Viet An Law Firm guides the process of searching and registering trademarks for goods and services in 2018 as follows:
Step 1: Look up the brand
Customers send samples of trademarks and product catalogs and services to Viet An Law Firm to Viet An Law to conduct preliminary search and evaluate the possibility of trademark registration.
Free preliminary lookup: Viet An Law will conduct a free preliminary search for customers to assess the ability of the trademark to register within 01 day from when the customer provides the trademark form.
After the preliminary search, which found that the trademark cannot register, Viet An Law Firm will advise and provide relevant controls to find solutions for the brand that can grant certificate later.
Advanced search before filing a trademark application:
In case, after the preliminary search, the trademark is able to register, it will look deeply through Vietnamese and international data to appreciate the ability to grant the protection title to the trademark. This is not a compulsory step, but it should be done to increase the ability to register trademarks and save time.
Intensive search is a completely voluntary procedure of the applicant. However, this procedure is recommended because this is the first and important step in a preliminary assessment of whether a trademark should apply for protection registration.
However, the search for trademarks is for reference purposes only and is not a basis for granting or not granting certificate (partly related to the priority when registering a trademark as described above).
Step 2: Submit the application for trademark registration and follow the trademark registration process at the National Office of Intellectual Property
Stage 1: Filing a trademark registration declaration (filing a trademark application):
After the intensive search and the trademark is assessed as capable of registering, Viet An Law Firm will conduct trademark registration at the National Office of Intellectual Property for the application of customers.
Records of trademark registration that customers need to prepare:
In addition to the required documents mentioned when customers register collective marks, certification trademarks need to provide more for Viet An Law Firm as follows:
The agency receives and processes trademark registration dossiers in Vietnam
Vietnam National Office of Intellectual Property.
Result of stage 1: Trademark registration declaration
Stage 2: Time limit for appraisal of trademark registration form: 01 month from the filing date.
The National Office of Intellectual Property will consider applications that are eligible in form, label, application owner, filing right, grouping, …
If the application of the enterprise meets the conditions, the National Office of Intellectual Property shall notify the acceptance of a valid application and publish the application.
If the application of the enterprise does not meet the conditions, the National Office of Intellectual Property will issue a Notice of disapproval of the application and request the enterprise to amend it. Enterprises make amendments as required and submit revised documents to the National Office of Intellectual Property.
Results of stage 2 the trademark application: Accept valid application
Duration for publication of trademark registration application: 02 months from the date of notification of acceptance of a valid application.
Stage 3: Evaluate the content of trademark registration applications:
Time limit for substantive examination: 09 months from the date of publication of the application.
Result of stage 3: Notice of intention to grant trademark protection certificate and payment of licensing fee.
Duration for granting diplomas: 02-03 months from the date of payment of diploma granting fee.
Stage 4: Receive a certificate of trademark registration and handover to customers
Result of stage 4: Certificate of trademark registration
Term of trademark protection
According to the experience of Viet An Law Firm, the time for trademark registration usually lasts about 12-18 months from the time of accepting the valid application.
Some notes when implementing trademark registration procedures
Note the color when registering the trademark:
Under the provisions of the Intellectual Property Law, Vietnam does not have specific regulations on the scope of protection of black and white marks and color marks, as well as black-and-white trademark registration or color registration. absolute rights for owners. However, trademark protection practices in Vietnam allow a trademark registered in black-and-white to be used in different colors, as long as the text / image contents of the Trademark and non-infringement of a black-white or other color of registered trademark.
Therefore, the viewpoint of Viet An law firm is that for individuals and businesses that carry out trademark registration in Vietnam, they want to save costs in the process of registering trademark protection or choosing between trademark registration color or black-and-white markings should prioritize trademark registration in the form of black – white will be more optimal.
Note on trademark registration (also called logo), letter mark, positioning sentence (slogan) when registering trademark:
Notice of priority rights affects trademark applications
The priority in trademark registration affects the granting or non-granting of a protection title to another subject’s trademark registration application. Under the provisions of the Intellectual Property Law and related international treaties, during the period from the first filing date to the filing date in Vietnam, another subject shall apply to the same subject in the first application. The first submitter’s application is still considered to have the same filing date as the first filing date and priority is given to protection. Therefore, no one dared to claim that the trademark applied and looked up the status of trademark registration will ensure that a protection title will be granted.
Some notes when designing and selecting trademarks:
Consultancy services for trademark registration in Vietnam of Viet An Law Firm:
Enterprises and individuals wishing to register trademarks please contact Viet An Law Firm for advice, detailed instructions on filing, how to classify trademarks, procedures related to applications. trademark registration or problems arising in the trademark registration in Vietnam process.
Ho Chi Minh city office