It can be said that a trademark is one of the intangible assets but it has an especially large tangible value in the commercial business activities of each enterprise. According to Vietnam Intellectual Property Law, trademark is any sign used to distinguish goods or services of different organizations or individuals. The distinctive sign shall be visible in the form of letters, words, drawings, images, including three-dimensional images or a combination thereof, represented in one or more colors. A visible sign which shall be eligible for protection when it is capable of distinguishing, does not deceive customers and does not conflict with protected rights of others such as: trademarks, trade names, geographical indications and industrial designs. Ordinarily, Trademarks are still mentioned in business activities under a different name is “brand”:
Look up trademarks
Before conducting trademark registration, businesses should carry out trademark search procedures. Enterprise should access the trademark system to consider the ability to register trademark in comparison with other registered trademarks at the Intellectual Property agencies. Then trademark owner shall consider whether or not to register the trademark that has been searched. Accessing trademark system also help to determine the ability to issue protection title. If it is determined that a trademark is not likely to be granted the protection title, the owner should consider amendments to obtain exclusive protection as well as to avoid wasting time without achieving results.
Documents to prepare when searching trademark:
To conduct trademark search, you only need to provide Viet An Law Firm with documents:
Viet An Law Firm will help clients to consult and preliminary search freely. In case, clients want to search in depth to appreciate the ability to grant a trademark registration certificate, Viet An Law Firm will conduct an intensive search.
When conducting trademark search and registration, it is very important to choose an consulting units, because they are the intellectual property representatives who are really professional and experienced units to consult, evaluate the best ability to register trademarks as well as solve problems arising from the opposition to trademark registration applications, rejecting trademark applications of customers during the process of applying for Trademark Registration in Vietnam.
Who has the right to apply for a trademark registration in Vietnam?
Anyone can proceed with trademark registration for their business operations. Trademark registrants may be:
The steps to carry out the trademark registration procedure
Filling a trademark registration application:
To apply for trademark registration, customers need to prepare the following documents:
Formality examination duration: 01 months from the submitting day;
The National Office of Intellectual Property shall examine if the application form meets the standards of formality, samples, owner, application rights, grouping…
If the application form is qualified, the National Office of Intellectual Property shall issue a notice of acceptance and public the application.
If the application form is unqualified, the National Office of Intellectual Property shall issue a notice of refusal and emend requirement. Enterprise shall emend the application form as required and submit to the National Office of Intellectual Property.
Duration of publication of trademark application: 02 months from the day on which the notice of acceptance is issued.
Contents of publication of trademark application are information relevant to the valid application which are recorded on the notice of acceptance, trademark samples and the list of goods and services attached.
Contents examination duration: 09 months from the publication day.
The National Office of Intellectual Property examine trademark registration conditions and the ability to issue the protection title. If the trademark registration application is qualified, the National Office of Intellectual Property shall issue the notice of intended grant of the protection title for registered trademark.
If the trademark registration application is unqualified, the National Office of Intellectual Property shall issue the notice of refusal to grant the protection title. Enterprise shall consider and send a letter of complaints as well as evidences and grounds for granting the protection title.
Issuing duration: 02 – 03 months from the day on which granting fees and charges are submitted.
After receiving the granting decision, enterprise shall submit granting fees and get the trademark registration title.
In fact: The time to consider trademark registration applications from the filing until the granting of trademark registration title or refusal to grant the protection title lasts from 15 to 18 months.
Validity of protection of registered trademark: Trademark is protected within 10 years from the application submitting day and could be unlimited extended after the validity termination. Therefore, enterprise could own the trademark and this could be the value property throughout the business practices of the enterprise if it is extended every 10 years complying with the law.
Trademark registration services of Viet An Law Firm:
Ho Chi Minh city office