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Trademark Registration in Vietnam

Registering a trademark helps protect intellectual property rights for a business’s products and services. In Vietnam, the trademark registration process is carried out through 6 main steps. Let’s find out with Apluslaw how this process is done!

What is Trademark in Vietnam?

A trademark (which can be used as an alternative for a mark) is defined as any sign used to distinguish goods and/or services of different organizations or individuals. This definition is according to Article 4, clause 16 of the Law on intellectual property: “A mark means any sign used to distinguish goods and/or services of different organizations or individuals.”

What types of trademarks can be registered for protection in Vietnam?

The requirements for marks (trademarks) to be registered for protection in Vietnam are:

1. Being a visible sign in the form of letters, words, drawings, or images, including holograms, or a combination thereof, represented in one or more colors.

2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.

According to Article 72 of the Law on intellectual property:

“Article 72. General conditions for marks eligible for protection

A mark shall be protected when it satisfies the following conditions:

1. Being a visible sign in the form of letters, words, drawings, or images, including holograms, or a combination thereof, represented in one or more colors;

2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.”

In addition, according to Article 74, the signs shall not be protected as marks under these circumstances:

1. Signs identical with or confusingly similar to national flags or national emblems;

2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names, or full names of Vietnamese state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, or socio-professional organizations, or international organizations, unless permitted by such agencies or organizations;

3. Signs identical with or confusingly similar to real names, aliases, pseudonyms, or images of leaders, national heroes or famous personalities of Vietnam or foreign countries;

4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by those organizations;

5. Signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of goods or services.

Trademark registration procedures in Vietnam

Step 1:  Trademark Research

Benefits of trademark research:

• Trademark research is necessary for a successful trademark registration. Research helps to confirm that the trademark is considered distinguishing goods and services compared to other goods and services, and that the trademark shall be accepted by IP VIETNAM, without any requirements for supplements or amendments, which usually take months or more.
• If there is a suspicion that the trademark in research fails to meet the requirements, it’s much more convenient to make amendments or find alternatives for it.

Documents to prepare when searching for trademarks:

• Sample of the trademark.
• Goods and services represented by the trademark.

Preliminary trademark research:

• Clients can do research on their trademark by the official website of IP VIETNAM: https://ipvietnam.gov.vn/
• Through this website, clients may have a preliminary understanding of the registrability of the mark as this website provides viewers with a list of relevant marks, which may be similar to our marks to some extent. If such similarities make it difficult to distinguish the goods and services, the marks shall be rejected by IP VIETNAM.

In-depth research:

• In case preliminary research fails to provide sufficient data for clients, trademark owners may do more in-depth research to appreciate the possibility of granting a protection title.
• In-depth trademark search is a service by the National Office of Intellectual Property that conducts searches to determine whether your trademark signs are duplicates or compatible with previously proven trademark signs.
• The time to return in-depth search results is 03 – 05 working days.

Step 2: Submit application dossiers

Submitted with fee for 1 product (According to Circular 263/2016/TT-BTC): 900,000 VND, including:

• Application fee: 150,000 VND/01 trademark, 01 group of goods and services.
• Content appraisal fee: 550,000 VND;
• Search fee for application appraisal: 180,000 VND;
• Application publication fee: 120,000 VND

No.	Document	Quantity
1	Declaration	01
2	Brand samples (80*80mm)	10
3	Power of Attorney	01
4	Copy of recept(s)	01

Article 100. General requirements on industrial property registration applications

1. An industrial property registration application comprises the following documents:

a) A declaration for registration, made according to a set form;

b) Documents, samples and information identifying the industrial property subject matter registered for protection as specified in Articles 102 thru 106 of this Law;

c) Power of attorney, if the application is filed through a representative;

d) Documents evidencing the registration right, if such right is acquired by the applicant from another person;

e) Documents evidencing the priority right, if such right is claimed;

f) Vouchers of payment of fees and charges.

Step 3: Formality examination of the application

• The time limit for the formality examination is 1 month from the filing date.
• If the enterprise’s application meets the requirements, the NOIP will issue a Notice of Acceptance of a valid application and publish the application.
• In contrast, the NOIP will issue a Notice of Non-acceptance of the application and request amendments. The application owner and the applicant’s representative shall make amendments as required within a specific period. Afterwards, clients may proceed to submit the amendments to the NOIP and may pay an additional fee, provided that there is incorrectness in the goods or service groups declared.

Article 109. Formal examination of industrial property registration applications

1. Industrial property registration applications shall be subject to formal examination for evaluating their validity.

2. An industrial property registration application shall be considered invalid in the following cases:

a/ It does not fulfill the formal requirements;

b/ The subject matter stated in the application is ineligible for protection;

c/ The applicant does not have the registration right, including where the registration right belongs to more than one organization or individuals but one or several of them do not agree with the filing;

d/ It is filed in contravention of regulations on the filing mode provided for in Article 89 of this Law;

e/ The applicant fails to pay fees and charges.

3. For industrial property registration applications falling into the cases specified in Clause 2 of this Article, the state management agency in charge of industrial property rights shall carry out the following procedures:

a) Issuing a notice of intended refusal to accept valid applications, clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal;

b) Issuing a notice of refusal to accept valid applications if the applicant fails to correct errors, improperly corrects errors or fails to make a justifiable objection to such intended refusal mentioned at Point a of this Clause;

c) Issuing a notice of refusal to grant a certificate of registered semiconductor integrated circuit layout-design in case of an integrated circuit registration application;

d) Carrying out procedures specified in Clause 4 of this Article if the applicant properly corrects errors or makes justifiable objection to the intended refusal to accept valid application mentioned at Point a of this Clause.

4. For industrial property registration applications not falling into the cases specified in Clause 2 of this Article, or in the cases specified at Point d, Clause 3 of this Article, the state management agency in charge of industrial property rights shall issue notices of acceptance of valid applications or carry out procedures for granting protection titles and recording them in the national register of industrial property as provided for in Article 118 of this Law, for layout-design registration applications.

5. Mark registration applications rejected according to the provisions of Clause 3 of this Article shall be considered having not been filed, except where they serve as grounds for claims for priority right.

Step 4: Publication of trademark application

• Trademark registration applications are published within two months from the date the application is accepted as a valid application. Trademark registration wll be posted on Website of the National Office of Intellectual Property and the Industrial Property Official Gazette.

Article 110. Publication of industrial property registration applications

1. Industrial property registration applications which have been accepted as being valid by the state management agency in charge of industrial property rights shall be published in the Official Gazette of Industrial Property according to the provisions of this Article.

2. An invention registration application shall be published in the 19th month as from the filing date or the priority date, as applicable, or at an earlier time at the request of the applicant.

3. An industrial design registration application, a mark registration application or a geographical indication registration application shall be published within 2 months as from the date such application is accepted as being valid.

4. A layout-design registration application shall be published by mode of direct access at the concerned state management agency in charge of industrial property rights, provided that no reproduction is permitted; for confidential information in an application, such access shall be permitted only to competent authorities and involved parties in the process of carrying out procedures for invalidating protection titles or the process of carrying out procedures for handling right infringements.

Principal information on a layout-design registration application and the protection title for a layout-design shall be published within 2 months as from the grant date of such protection title.

Step 5: Substantive examination of the application

The time limit for substantive examination: is 09 months from the date of application publication.

The NOIP will consider the conditions for trademark registration. Based on that, the NOIP will assess the possibility of granting a degree to the mark that the applicant has registered. If the application meets all conditions, the NOIP will issue a Notice of intention to grant a trademark protection title.

In contrast, the NOIP issues a Notice of non-grant protection title to the trademark. The trademark application owner shall consider and send a written response to or appeal against the decision of the NOIP. The applicant needs to give the grounds (meet the burden of proof) legally for granting a trademark protection title.

Article 114. Substantive examination of industrial property registration applications

1. The following industrial property registration applications shall be substantively examined for evaluation of the eligibility for grant of protection titles for subject matters stated in such applications under protection conditions and for determination of the respective scope of protection:

a/ Invention registration applications which have already been accepted as being valid and involve requests for substantive examination filed according to regulations;

b/ Industrial design registration applications, mark registration applications or geographical indication registration applications which have been accepted as being valid.

2. Layout-design registration applications shall not be substantively examined.

Step 6: Granting Trademark Registration Certificate

After the trademark owner has made the payment of granting protection title fee, the NOIP will grant trademark protection titles within 2-3 months from the date of fee payment.

Article 118. Grant of protection titles, entry into the register

Where an industrial property registration application does not fall into the cases of refusal to grant protection titles specified in Clauses 1 and 2 and at Point b, Clause 3, Article 117 of this Law and the applicant has paid fee, the state management agency in charge of industrial property rights shall decide to grant a protection title and enter it in the national register of industrial property.

Trademark registration Application fees

For an application with 01 group of goods or services in which includes only 06 goods or services:

• Application fee per 01 application: VND 150,000;
• Substantive examination fee (for max 6 goods/services) VND 550,000
• Search fee for trademark examination VND 180,000;
• Granting protection title fee VND 120,000;
• Official registration fee VND 120,000;
• Publication of decisions on the grant of protection titles fee VND 120,000;

Application fee covers many classes of goods and services

• For each additional group of protection goods/services, the Granting protection titlte fee increases a specific amount as prescribed by law;
• For each group of goods/services registered for protection with more than 6 goods/services registered, additional fees must be paid for each product/service from 7th onwards plus:

• Substantive examination fee: VND 120,000
• International classification fee: VND 20,000
• Search fee for trademark examination VND 30,000

Agencies receiving and processing dossiers and collecting registration fees in Vietnam: Vietnam Intellectual Property Department (NOIP).

Notes when classifying branded goods

The classification of goods and services bases entirely on NICE 2023, access by https://ipvietnam.gov.vn/documents/20182/1425331/%28IPVIETNAM+PORTAL%29+NICE+CLASS+version+12-2023.pdf/fbcb4fc5-487e-468c-a291-63450e79254d

Please note that a trademark can be registered for many types of goods and services.

As stated previously, the registration fee is charged based on the number of classes of goods and services for which the mark is registered. Thus, an application for more classes of goods and services costs more.

Benefit of trademark registration

• Confirmation and establishment of ownership: to completely claim the ownership of the trademark and confirm the priority right at the date of application.
• Further, enhance protection of trademark: avoid violation of the mark of all kinds by the establishment of the protection of trademark on a legal basis.
• Further build a renowned, stable, and sustainable brand: stimulate credit of the mark as well as the prestige of the company.
• Meet the requirements of the e-commerce market: such registration helps get the approval of e-commerce sites like Amazon, Alibaba, and Shopee,…
• Minimizes cost for branding: once registered, the company saves costs for branding.

Scope of trademark protection under Vietnamese law

Trademark owners have the right to apply for worldwide protection in any country. However, trademark ownership granted by an authority of one country is limited to the territory of each country. Therefore, trademarks granted in Vietnam are only entitled to trademark protection in the territory of Vietnam

Validity of trademark registration

A trademark certificate in Vietnam is good for ten years following the date of filing. The owner of the trademark may choose to renew the trademark certificate an infinite number of times after the first term has passed.

“Article 93. Validity of protection titles

1. Protection titles shall be valid throughout the Vietnamese territory.

2. Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date.

3. Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.

4. Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years.

5. Certificates of registered semiconductor integrated circuit layout-designs shall each have a validity starting from the grant date and expiring at the earliest date among the following:

a/ The end of 10 years after the filing date;

b/ The end of 10 years after the date the layout-designs were first commercially exploited anywhere in the world by persons having the registration right or their licensees;

c/ The end of 15 years after the date of creation of the layout-designs.

6. Certificates of registered marks shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date and may be renewed for many consecutive terms, each of 10 years.

7. Certificates of registered geographical indications shall have an indefinite validity starting from the grant date.”

Where to register foreign trademarks in Vietnam?

However, applications must be submitted through a lawful representative for foreign persons who are not permanent residents of Vietnam as well as foreign organizations or individuals who do not have a production or trade establishment in Vietnam.
Additionally, under the Madrid System (see below), foreign applicants can make an international application to gain trademark rights in Vietnam.

People who receive certificates of registration for their trademarks in Vietnam may use the Madrid System to pursue their claim for international registration of their marks.
A method for extending trademark protection outside of the domestic jurisdiction in which they are registered is offered by the Madrid System. This safeguards intellectual property rights internationally and facilitates cross-border business activities.

Where to apply for trademark registration?

Method 1: Submit the trademark directly at the Intellectual Property Office.
Method 2: Submit a trademark through an Intellectual Property Representative Organization. Note: This organization must be separately licensed by the Intellectual Property Office.
Method 3: File a trademark in Vietnam through the Madrid system.

Reasons why trademarks are often refused in Vietnam

When a trademark is unable to fulfill its primary purpose of identifying the source of products and services provided by various companies, it is deemed to lack unique character. No defenses can be raised against this kind of rejection if a trademark includes components that are illegal in Vietnam. If the trademark is not forbidden, the applicant must show that it has a distinctive character through arguments and supporting documentation.

If a trademark is too similar to another trademark, it could be refused. We refer to these as referenced trademarks. In these situations, the applicant must demonstrate that the rejected trademark is distinct from the referenced trademark or trademarks and is not likely cause confusion.

Register trademarks for foreign businesses in Vietnam

Trademarks play a vital role in economic transactions, and a company’s ability to successfully protect its intellectual property can be critical to its success. However, applying for a trademark in Vietnam can be difficult, and understanding IP law can be difficult. Given this, overseas businesses ought to enlist the assistance of regional IP specialists.

Intellectual Property consulting lawyer

Lawyer A+ provides the following services in the field of Intellectual Property:

• Legal advice on intellectual property law;
• Authorized representative to carry out intellectual property procedures;
• Drafting written agreements related to intellectual property transactions;
• Negotiate to resolve disputes regarding intellectual property rights infringement;
• Lawyer defending intellectual property disputes in court.

Reasons for choosing Aplus Law

Good expertise, lots of experience

A+ Law’s team of lawyers are all excellent lawyers, familiar with legal regulations, and understand how prosecution agencies and Party supervision agencies operate. In addition, A+ lawyers have fought and are experienced in criminal cases.

Understanding

Lawyer A+ understands the fear and confusion of clients when faced with a situation where they may have to go to jail, may be unjustly wronged, and wishes to receive full support 24/7 from expertise to safety. psychological mind. Therefore, we will do our best to bring peace of mind and fairness to our customers and clients.

Committed to the end

The journey to achieving justice for customers may not be smooth and straightforward. That journey may take many years and many levels of trial. Lawyer A+ commits to accompany and protect clients until justice and fairness are achieved.

Above is the trademark registration process in Vietnam. If you still have any questions related to this issue, please contact lawyer A+ via email: contact@apluslaw.vn or via phone number: 0899511010 for support and advice.