Nowadays, many individuals and organizations are more aware of their brand protection. In developed countries, intellectual property is considered as an important and most valuable property for every business and gives businesses a lot of advantages. Let’s see how to make the trademark registration in Vietnam.
>>> Read more: How to register trademark of goods in Vietnam?
What is trademark?
According to Article 4 of the IP Law 2005, trademark is a sign used to distinguish goods or services of different organizations and individuals.
Protection conditions for trademark
According to Article 72 of the IP Law 2005, a trademark is considered protected when it meets the following two conditions:
– Being a visible sign in the form of: letters, words, drawings, images, including holograms or a combination thereof, expressed in one or more colors.
– Has the ability to distinguish goods or services of trademark owners from goods and services of other entities.
Trademark registration application
Legal basis: IP Law 2005 amended and supplemented in 2009, 2019; Circular No. 16/2016 /TT-BKHCN.
– 02 trademark registration application form (followed the form No. 04-NH, A Appendix issued with Circular No. 16/2016/TT-BKHCN)
– 05 attached trademark samples. The attached trademark sample must be identical to the trademark sample on the registration form in both size and color
– Receipt of payment of trademark registration fees and charges
– In case a trademark registration application is filed through an industrial property representation service organization, a power of attorney is required
– If the trademark has been registered and granted a protection title in another country, it is possible to claim priority right. In this case, the trademark application needs to have additional documents proving the priority right.
Agencies receiving trademark registration applications
Trademark registration applications are filed with the National Office of Intellectual Property. Address: No. 286, Nguyen Trai Street, Thanh Xuan District, Hanoi.
Register trademark applications form
Applicants may choose either of the following two forms to register trademark:
– Submit applications online through the National Office of Intellectual Property’s online public service portal.
– Submit paper applications directly or by mail service to one of the National Office of Intellectual Property’s receipt of applications.
Applicants must have a digital certificate and digital signature to register for an account on the Application Receiving System and have their accounts approved by the NOIP. After having an account, the applicant will declare and submit the trademark registration application on the System.
Applicants will receive an online document confirmation form from the System. Within 01 month from the date of online submission, the applicant will come to the NOIP to present the Certification Form, attached documents (if any) and pay fees and charges as prescribed.
Submit paper application
The applicant may submit the application directly at the NOIP. In case a trademark application is sent by post, the applicant needs to transfer money through the postal service. Then make photocopies of the Money Transfer Receipt attached with the application and file to the NOIP to prove the amount paid.
Trademark registration fees and charges
Fees and charges for carrying out the procedures of trademark registration are specified in the Table of rates of industrial property fees and charges issued with Circular No. 263/2016 /TT-BTC, which stipulates the following levels:
– Application fee: 150,000 VND
– Trademark search fee: 180,000 VND /01 group of products (if required)
– Assessing fee for trademark registration application: 550,000 VND/01 group of products (a group of 06 products)
+ From the 7th – product group onward: 120,000 VND for each product or service
– Fee for granting a trademark protection certificate: 120,000 VND.
Timeline for Obtaining a Certificate of Trademark Registration
Legal basis: IP Law 2005 amended and supplemented in 2009, 2019; Circular No. 01/2007/TT-BKHCN, amended and supplemented in 2015
a) Formality examination: examine whether the application complies with formal regulations or not. The duration is 01 month from filing date before NOIP issues its decision on formality acceptance of application
b) Application Publication: upon formality acceptance, trademark registration application shall be published on the IP Gazette in a period of 02 months counting from the date of decision on formality acceptance of application
c) Substantive Examination:the examination is conducted by NOIP in 9 months commencing from the gazetted date;
d) Statement of Grant of Protection:within 15 days from the date the applicant submits all the fees and charges in full and on time, the NOIP shall carry out the procedures for granting protection titles
To sum up, where trademark registration application goes smooth, it takes about 13-14 months counting from the filing date to receive a certificate of registration.
Why should you use our service?
With more than 10 years of experience in the field of law, we have a team of lawyers and consultants confident to provide our legal services to clients nationwide in the field of intellectual property, business and investment. We are proud of being one of the leading legal service providers in Vietnam.
Customers who have a request to Trademark registration in Vietnam will receive the following services we provide:
– Consulting, support, answer your questions related to trademark registration in Vietnam
– Supporting customers with the procedures for registering trademark in Vietnam
– Drafting and prepare documents related to administrative procedures on registering trademark in Vietnam
– Representing you to work with IP authorities
– Other jobs requested by customers