Trademark is one of the intangible property but may bring a grand tangible value to enterprise’s business practices. According to the law, trademark is any sign used to distinguish goods or services of different organizations or individuals. That sign shall be a visible sign in the form of letters, words, drawings or images including holograms or 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, mark is often known as “brand”.
Before registering trademark, enterprise should access the trademark system to consider the ability to register trademark in comparison with other registered trademarks at the Intellectual Property agencies. After that, trademark owner shall consider to register trademark or not. Accessing trademark system also help to determine the ability to issue protection title. If trademark is not able to be granted the protection title, owner should emend the sign to get trademark protected legally and avoid wasting time but getting no result.
Documents required for accessing trademark: Clients only need to provide Viet An Law Firm the trademark sample and the list of goods and services, Viet An Law Firm will consult and preliminary access freely for clients.
Trademark registration services of Viet An Law Firm:
Trademark registration duration:
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.
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.
If you have any concerns about trademark registration in Vietnam, please feel free to contact Viet An Law Firm to get legal advices and to be supported during the procedures!
Ho Chi Minh city office