More and more foreign companies are participating in the supply of goods and services in the Vietnamese market. Protecting intellectual property rights, including trademarks, is an activity that foreign companies should pay attention to before entering the Vietnamese market. To register a trademark in Vietnam, foreign company need to meet certain conditions as prescribed by law.
>> Read more: How does the foreigner register trademark in Vietnam?
1. Can foreign company register trademark in Vietnam?
The Vietnam Intellectual Property Law stipulates: “Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, foreign organizations and individuals having production and business establishments in Vietnam submit their applications. sign the establishment of industrial property rights directly or through a legal representative in Vietnam“
Therefore, Vietnamese law allows a foreign company to register trademark in Vietnam in either of the following two cases:
– Foreign company with production and business establishments in Vietnam. In other words, a foreign company has a natural presence in Vietnam. In this case, the foreign company may apply by itself or through an industrial property representative;
– Foreign company without production and business facilities in Vietnam still have the right to register trademark but can only apply through industrial property representatives.
Industrial property representatives are units licensed by the National Office of Intellectual Property. The reason for this is because most of the application owners are foreign company when register trademark are not in Vietnam. Therefore, register trademark through industrial property representatives saves time, costs and also prevents misplaced files.
Foreign companies, whether or not they have production and business establishments in Vietnam, will still be allowed by Vietnamese law to register trademark in Vietnam.
2. Procedures of register trademark of foreign company in Vietnam
A dossier of register trademark of a foreign company in Vietnam comprises the following papers:
– Name, head office address, tax code, certificate of establishment registration of the foreign company;
– Registered trademark sample (minimum 3×3 cm, maximum 8×8 cm);
– List of goods and services intended to be registered;
– Trademark registration declaration;
– Power of attorney for industrial property representatives;
– A voucher of payment of trademark registration fee;
– Documents claiming priority (if any).
Note: The application file for trademark registration of a foreign company is made in Vietnamese.
Time and process of reviewing applications for trademark registration
– The application for trademark registration will be formally assessed (1 month from the date of filing). This activity is to check the registration information such as address, trademark description, subgroup, etc;
– If the formality examination results are satisfactory, the trademark registration application will be substantially examined in a period of 9 – 12 months;
– The title of protection is granted after the trademark owner pays a fee for the grant of a title of protection or in the Official Gazette of Industrial Property.
After granting the certificate of trademark registration, the trademark of a foreign company is protected in Vietnam within 10 years from the date of filing the application.
3. Procedures for register trademark for foreign company in Vietnam
– Look up the ability to register trademarks: this activity is not required but it has great value for the company’s brand.
– Prepare application file for trademark registration:
– Registration of trademark protection
Step 1: Formal examination within 1-2 months from the date of application
Step 2: Publish the application within 02 months from the date of accepting the valid application
Step 3: Verify the content within 9-12 months from the date the application for trademark protection is published
Step 4: Issue the protection title within 1 month
Service of trademark registration in Vietnam for foreign company of LNP Law
– Free consultation procedures, documents and instructions for trademark registration for the company;
– Support conducting trademark registration search and conducting registration assessment;
– On behalf of the company drafting records and filing a registration with the National Office of Intellectual Property;
– Handling of intellectual property rights violations;
– Carry out receiving and handing over the trademark registration certificate to the company.
LNP Law consists of qualified lawyers and consultants and experienced practitioners in the field of intellectual property. We will definitely respond to your request as quickly as possible and the best quality.