With a large market and a fast growing economy, Vietnam has become a competitive market for many foreign companies and individuals. One issue that is of great concern to organizations and individuals doing business in Vietnam is register trademark. The following article will summarize the issues that foreigners need to note before register trademark in Vietnam.
>> Read more: Step by step to register trademark in Vietnam
1. Which individuals are considered by Vietnamese law to be foreigners?
Foreigners are those who carry papers proving their foreign nationality (passports) and stateless persons who enter, exit, transit or reside in Vietnam. Foreign organization means an organization or enterprise established in accordance with foreign laws. Foreign organizations and individuals commonly referred to as foreigners are divided into:
– Foreigners permanently residing in Vietnam or having production establishments in Vietnam;
– Foreigners not permanently residing in Vietnam or having no production facilities in Vietnam.
2. Foreigners register trademark in Vietnam
In case a foreigner permanently resides or has a production base in Vietnam, they can register trademark directly or through an industrial property representative. Foreigners need a residence address or prove their residence is legal in Vietnam.
In case a foreigner does not permanently reside or does not have a manufacturing facility in Vietnam, register trademark can only be done through an industrial property representative in Vietnam.
Industrial property representatives are units licensed by the National Office of Intellectual Property. Because the majority of foreigners who register their trademarks do not reside in Vietnam. Therefore, the implementation through the representative agency saves a lot of time and travel costs as well as protects the rights of foreigners.
3. Application file for register trademark in Vietnam
– Full name and address and telephone number of the foreigner who submits the application;
– Trademark model (minimum 3 × 3 cm, maximum 8 × 8 cm);
– List of products and services intended for trademark registration;
– 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 for trademark registration of foreigners in Vietnam is made in Vietnamese.
4. Time and process of reviewing applications for register trademark
– The application for trademark registration will be formally assessed (1 month from the date of filing). This verification is to check that the registration information is correct: such as the address of the applicant, description of the trademark, product / service subgroups, etc;
– If the formality examination results are satisfactory, the trademark registration application will be assessed for contents from 9 to 12 months;
– The title of protection is granted two months after the trademark owner pays the fee for the grant of protection title, or publishes in the Official Gazette of Industrial Property.
After being granted protection titles, trademarks will be protected in Vietnam for a period of 10 years from the date of filing.
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