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Trademark service in Vietnam

Trademarks are intangible intellectual property assets that are extremely valuable to each business. Many times, intangible trademark assets are even more valuable than tangible assets such as factories and products. products, sales, … of the business. Therefore, the need to register a trademark is an inevitable need for any business that wants to bring its products and services to the market to compete with other goods and services of the same type as well as avoid infringing upon the intellectual property rights of other units as well as avoid others from counterfeiting your own. As a law firm specializing in trademarks in particular and intellectual property rights in general, with the function of being an Intellectual Property Representative Organization – Viet An Law Firm’s trademark registration service is the perfect solution. Perfectly support individuals and businesses to protect their products against trademark infringement and increase competitiveness to be able to stand firm in the domestic and world markets. With quick procedures through authorization and the most suitable representation costs, Viet An Luat believes that your trust will not be betrayed when using our trademark registration service.

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    Overview of trademark service in Vietnam

    Criteria Corresponding content
    Legal basis
    • Vietnam Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, and 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 263/2016/TT-BTC regulates industrial property fees and charges.
    The receiving agency National Office of Intellectual Property – Ministry of Science and Technology
    Method of application Submit directly to the trademark registration agency at the following addresses:

    • Head office of the National Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city;
    • Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;
    • Representative office of the National Office of Intellectual Property in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang City.

    Submit by mail to the above addresses.

    Submit online through the public service of the National Office of Intellectual Property (in progress).

    Execution time
    • Formal examination: 01 month
    • Publication of application: within 02 months from the date the trademark application has a Decision accepting the valid application
    • Substantive examination: no more than 09 months from the date of publication of the application.
    • Grant of protection title: 01-03 months from the date of payment of granting fee.
    Viet An Law Services Trademark registration services, trademark registration application amendment services, trademark registration opposition services, trademark registration renewal, trademark transfer,…
    Scope of service provision Vietnam and countries around the world.
    Result of service Trademark registration certificate (Trademark protection title)

    Trademark registration dossier in Vietnam

    To register a trademark through Viet An Law’s industrial property representation service, the trademark owner needs to prepare the following minimum documents:

    • Trademark samples need to be registered;
    • List of registered goods/services;
    • Power of Attorney according to the form prepared by Viet An Law Firm – Intellectual Property Representative;
    • Documents proving priority rights (if any).

    Trademark registration order and procedures

    According to current legal regulations, the general steps to register a trademark include:

    • Step 1: Research the trademark in the database at the National Office of Intellectual Property portal. This is an optional procedure, but if you want to evaluate the protection ability of the trademark, the applicant should refer to it;
    • Step 2: Submit trademark registration application at the Vietnam National Office of Intellectual Property. After 01 day, the registration number will be recorded. Evaluating a trademark application is expected to take 24-28 months from the filing date.
    • Step 3: Notice of grant of the trademark registration certificate or refusal with attached reasons and payment of a fee for issuance of a protection title.

    Trademark service in Vietnam

    Specifically, the steps include the following stages:

    Step 1: Profound Trademark Search

    • Researching the registration of a trademark is not a mandatory step in the trademark registration procedure in Vietnam.
    • However, with experience operating in the field of Intellectual Property Representative, we strongly suggest you conduct a profound search to assess the feasibility of protection before officially applying. This can help you anticipate and evaluate risks with the trademark application before applying.
    • This Trademark search however is for reference only and not the legal basis for granting a Trademark certificate
    • The Trademark search timeline is within 04-06 working days from the date the trademark is sent for search.

    Step 2: Submit a trademark registration application at the National Office of Intellectual Property of Vietnam.

    • Viet An Law will prepare documents on behalf of the client, and proceed to apply for registration at the Vietnam National Office of Intellectual Property. Within 01-02 working days, the applicant will receive the trademark registration application number.
    • The estimated schedule for the trademark examination process is 24-28 months from the date of submission. This time frame may be extended in case of application for a large number of items or with many classes, in case of application modification, opposition, or complaints.

    Step 3: Notice of grant of the trademark registration certificate or refusal with the attached legal basis

    • In case an application is noticed with refusal, the notice will include the legal basis and information about the duplicate or confusingly similar registered trademark. The applicant has 03 months to respond to this refusal notice and if the response letter is reasonable and well-founded, the Vietnam National Office of Intellectual Property will reconsider and can decide to issue a trademark certificate to the applicant.
    • In case a Notice of granting a Trademark Registration Certificate is granted, the applicant will be granted the Certificate within 3 months from the date of payment of the granting fee. The protection title is protected for 10 years from the application filing date. The holder can renew the Trademark Registration Certificate with an unlimited number of consecutive renewals.

    State fees for trademark service in Vietnam

    State 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 Fee name Fee (thousand VND)

    Fees

    1 Application fee 150
    2 Fee for granting a Protection title (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, additional documents 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)

    Single examination fee for trademarks 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) (without classification)

    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 lookup 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

    6 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 publishing information on industrial property 120
    11 Fees for registering information on industrial property 120

    Note regarding trademark registration fees

    • Fees and charges are collected in Vietnamese Dong.
    • 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.
    • Service fees of Viet An Law: Please contact us to send specific information according to the requirements of each application.
    • Fee reduction is determined each year depending on the state’s socio-economic policies.

    Trademark registration services in Vietnam by Viet An Law Firm – Intellectual Property Representative

    • Preliminary consultation before carrying out necessary procedures on behalf of customers at the competent State agency at the Vietnam National Office of Intellectual Property related to trademark registration procedures;
    • Conducting searches and providing clients with written notifications of search results;
    • Drafting the dossier and directly representing clients in submitting and monitoring the status of trademark registration dossiers at the Vietnam National Office of Intellectual Property;
    • Notifying, advising, and handling deficiencies/rejections from the competent state authority (if any) during the application process;
    • Receiving official notice & documents, and certificates, and delivering them to clients;
    • Support for international trademark registration, registration based on Vietnamese application;
    • Consulting on intellectual property law during commercial business in Vietnam.

    If you need advice on intellectual property law or trademark registration, please contact Viet An Law for the best support! This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.

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