Trademark is the intellectual property owned by an organization or individual. The greatest value of a trademark is its competitiveness and identification of goods and services labeled on the market. Trademark owners carry out register trademark procedures at competent agencies in order to protect their trademarks.
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1. Step 1: Identify the trademark owner
Trademark registration application is an organization or individual that has information on name, address, phone number, tax identification number and other information on the trademark registration application. The owner of the application will become the trademark owner when a protection title is issued to that application. Subjects entitled to become application owners when registering trademarks in Vietnam: Vietnamese individuals, organizations and companies; individuals and organizations with foreign nationality.
If a Vietnamese individual, organization or company can register trademark application at the National Office of Intellectual Property by itself, the foreign individual or organization can only apply for trademark registration through a industrial property representatives. This is an issue that individuals and organizations with foreign nationality should pay attention to when register trademark in Vietnam.
2. Step 2: Look up trademarks
One of the conditions for a trademark to be protected is that there is no sign of overlapping, similarly confusingly to other registered trademarks. The trademark search means determining whether the ability to register protection of a trademark is high or low. Trademark search can be done online on the website provided by the National Office of Intellectual Property. Trademark owners can use the preliminary and specialized search services provided by law firms. This is an optional activity, but the possibility of a trademark being duplicated or confused with another brand when not looking up is great.
3. Step 3: Prepare trademark registration file
Organizations and individuals wishing to register a trademark shall prepare 2 sets of dossiers, including the following papers:
– A trademark registration application, made according to a form provided by the Vietnamese Government;
– 05 trademark samples with minimum size of 3×3 cm and maximum of 8×8 cm. Note that the size of the mark in the sample label must be the same as the size of the mark in the application;
– In case of registration of a trademark through an industrial property representative, an additional authorization letter is required.
The agency competent to register trademark and handle trademark registration dossiers is the Vietnam National Office of Intellectual Property. Applications can be submitted in person or by mail. Address for receiving trademark registration applications:
– Intellectual Property Department: No. 386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City;
– Representative office in the South: 7th Floor, Ha Phan Building No. 17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;
– Representative office in the Central: 3rd Floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City.
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