Filling trademark in Vietnam

Procedures for filling an application of trademark  in Vietnam

According to Vietnam trademark system, the “first to file” principle is also applied for protection of trademark in Vietnam. It means that the trademark registration will be granted to the individuals, legal entities who first filed the trademark application. Each application can be used for one trademark only. However, multi-class trademark applications are possible in Vietnam, accordingly up to 45 classes of goods and services can be claimed under one application.

Generally, trademark application is processed at the Trademark Office in the following order:

 

[1] Filing receipt

As our usual, the filing receipt of trademark application which is issued by Vietnam National Office of Intellectual Property at the filing will be forwarded to you within 24 hours.

[2] Formality examination

After filling trademark in Vietnam, first, the application will be examined as to formality. The duration of the formality examination is one [1] month as of the date on which all the statutory required documents are filed sufficiently and in order.

[3] Publication for opposition

Then, the trademark application shall, after being officially accepted as to formality, be published in the National Trademark Gazette within two [2] months from the date on which the Notice of the official acceptance of the application is issued, for the opposition by any third party.

[4] Substantive examination

Next, under the relevant Trademark regulation of Vietnam, the examination as to registrability of the application will be completed after nine [9] months from the date on which the application for trademark registration is published on the Vietnam National Trademark Gazette.

[5] Grant of certificate

Last, if neither objection by trademark examiner on base of ABSOLUTE and RELATIVE grounds nor opposition by any third party, the official decisions of granting Certificates of trademark registration will be issued. Normally, the Certificate will be expected within [03] months afterward.

In summary, it takes approximately[15-18] months from the date of filing to obtain a Certificate of Trademark Registration in case of neither objection nor opposition, in practice.

A certificate of trademark registrationin Vietnam shall be effective from the granting date and last for 10 years from the filing date, and can be renewed for indefinitely for each consecutive 10-year term.

The Specification of goods/services

The Nice Classification-10th Edition is adopted for classification for filing trademark application in Vietnam as well as calculating the Official fees and scope of protection afterwards. The following principles are applied accordingly:

Any item of goods/services listed in Alphabet and under specific code described in the Nice Classification will be accepted smoothly in examination as to form process,

Vice versa, the “GENERAL REMARKS” in the Nice Agreement and other point of view of Examiners will be applied for the examination.

Requirements

(i) One original Power of Attorney, POA,  executed by a person in charge.

In case the appliccant is a legal entity (company or corporation) and own a corporation seal under their jurisdiction, the POA should be signed by authorized person and then affixed the corporation’s seal. In case the corporation seal is not available, only the signatures are acceptable. No further notarization or legalization is required.

Please be noted that the copy of POA is accepted at filing, but the original POA must be submitted within one [01] month counted from the filing date without any extra fee.

(ii) Vietnamese Trademark Law requires all the designated goods/services which are covered in the application must be specified. The item of goods/services in general meanings or item in the class headings as well is not accepted. Accordingly, please list the interested goods/services for which are applied in specific one by one.

(iii) The sample of mark in .JPEG file (with a minimum resolution of 300 dpi) and not exceed 8 centimeters both in length and width.

In case you require more information or require advice on trademark as well as other IP matters in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email: info@apta.vn