Trademark registration in Vietnam according to the latest regulations in 2021 has many updates. Below is the basic information about the trademark registration process in Vietnam.
Where to file a trademark application in Vietnam?
- An application for registration of establishment of trademark rights shall be submitted directly to the Intellectual Property Office of Viet Nam (or the representative office of the Intellectual Property Office of Viet Nam).
- Intellectual Property Office of Viet Nam: Address No. 384 to 386, Nguyen Trai, Thanh Xuan District, Hanoi.
- Representative office in Da Nang: Address 135 located on Minh Mang street, in Khue My Ward, Ngu Hanh Son District, Da Nang
- Representative office in Ho Chi Minh City: Address 17 to 19 Ton That Tung Street in Pham Ngu Lao Ward in District 1, City. Ho Chi Minh
- Application for registration of organizations that are not headquartered or are not made in Vietnam and/or foreign individuals not residing in Vietnam: submitted through an industrial property representative.
- Application for individuals or organizations residing in Vietnam or having an office or manufacturing in Vietnam: may be submitted by post to the NOIP.
Trademark registration procedures in Vietnam according to the 2021 regulations
Step 1: Prepare the necessary documents
Trademark application dossier for registration of exclusive trademark in Vietnam in 2021 includes:
+ Trademark registration declaration (02 copies);
+ Trademark sample (can be in color, black and white, or soft file);
+ Authorization letter for an IP representative (in case of filing through a representative);
+ The list of products/services according to the Nice goods classification table;
+ Claim of priority (if any);
+ Regulation on the use of trademarks (for collective trademarks, certification).
+ Documents proving the right to registration (authorization from the manufacturer, approval letter, etc.).
+ Information on name and address of the owner (or/and co-owners)
Step 2. File the trademark registration application
Trademark registration dossiers are filed with the Intellectual Property Office of Viet Nam. The application is then carefully examined and assessed based on many criteria:
+ Appraisal of the formality: 1 month;
+ Publication of the application: 2 months from the date the application is accepted as validly in the form of the application;
+ Examination of the content: 9 months from the date of publication;
+ Notification of results: 1 month.
Step 3. Receive and respond to comments from the NOIP
In case the NOIP sends the applicant or the applicant’s representative notices, decisions with contents that need to be answered or clarified then depend on the content, the response time limit is specified:
+ Answer to clarify the formality of the application: 01 month
+ Reply to notice of content evaluation result: 03 months.
+ Pay the fee for granting protection title: 03 months
If past the above time limit, the NOIP may issue a decision to refuse or cancel the registration application.
Validity of trademark protection certificate
Trademark registration certificates take effect from the date they are granted protection certificate by NOIP and last 10 years from the date of filing the applications. The owner of a trademark registration certificate is required to use the trademark for a period of 5 years. If the trademark is not used for five consecutive years, it may be invalidated.
Extension of the validity of a trademark protection certificate
Before and 6 months after the expiration of the certificate, the trademark owner may apply for the extension of validity of the protection certificate. Successful renewal will help the trademark extend its validity for an additional 10 years.
You can see a list of Vietnam trademark attorneys here.