Licensing, transfer - Apta & Associates

Procedures for trademark registration in Vietnam

Trademark registration applications are processed at the National Office of Intellectual Property in the following general order:

Source: http://www.noip.gov.vn/

Formal examination:

Is the evaluation of the validity of the application according to the formality requirements, the object excluded, the right to apply … from which to conclude whether the application is valid or invalid. The formality examination time is 1 month from the date of application

Publication of valid applications:

Acceptable trademark registration applications shall be published in the Industrial Property Official Gazette within 2 months from the date they are accepted as valid applications. The content of publication of a mark registration application is the information related to a valid application stated in the notice of acceptance of the valid application, trademark sample and attached list of goods and services.

Content evaluation:

A trademark registration application that has been recognized as valid shall be substantially examined to assess the possibility of granting a trademark registration certificate to the object stated in the application under the protection conditions. The time limit for substantive examination of trademark applications is 9 months from the date of publication.

Required documents of the application:

(a) 02 trademark registration declarations, made according to form No. 04-NH, Appendix A of Circular 01/2007 / TT-BKHCN;

(b) Sample of trademark and list of goods and services bearing the mark;

Requirements for trademark registration applications:

(a) An application for a title of protection is only required;

(b) All application documents must be made in Vietnamese. For documents made in other languages as prescribed at Points 7.3 and 7.4 of Circular 01/2007 / TT-BKHCN, they must be translated into Vietnamese;

(c) All application documents must be presented vertically (pictures, diagrams and tables may be displayed horizontally) on one A4-sized paper (210mm x 297mm), including leave the margins on all four sides, each 20mm wide, except for the supporting documents that are not intended to be included in the application;

(d) For documents that need to be made according to a set form, such forms must be used and filled in with information as required;

(e) If a document consists of many pages, each page must be numbered with Arabic numerals;

(f) Documents must be typewritten or printed in hard-to-fade ink, clearly, clean, without erasing, without correction; In case of detecting a minor error of a spelling error in a document already submitted to the NOIP, the applicant may correct those errors, but the corrected spot must be signed for certification. (and seal, if any) of the applicant;

(g) Terms used in the application must be common ones (not using local languages, rare words, homemade words). Symbols, measurement units, electronic fonts and spelling rules used in applications must comply with Vietnamese standards;

(h) The application may be accompanied by supporting documents which are electronic data carriers of part or the whole of the single document content.