VIETNAM TRADEMARK REGISTRATION PROCEDURE
You will receive a Notification of Trademark Registration Application Acceptance issued by the Intellectual Property Office of Viet Nam (IPVN).
Your trademark registration will be published in the e-Gazette for purposes of opposition. You will receive a notification of disapproval if third parties oppose your registration.
Trademark registration application shall be substantively examined within 9 months from the date of application publication.
In case of no trademark disapproval, you will receive a Trademark Registration Certificate issued by the Intellectual Property Office of Viet Nam (IPVN).
HOW TO REGISTER A TRADEMARK IN VIETNAM
Conducting a Comprehensive Trademark Search
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money. Trademark Study (1 working day), You will receive a Detailed registrability report.
Confirm the Mark You Want to Register
If a mark consist of foreign words, these words must be explained in Vietnamese. Sometimes you may want to file both Vietnamese and English version of the word mark in Vietnam to further protect your branding.
Select the Goods/Services
Vietnam is one of the countries who uses the International Classification of Goods and Services under the Nice Agreement. This is an international recognised series of 45 classifications which may be applied to goods and services.
It is necessary to file a separate application for trademarks in each of the classifications you are choosing. One trademark in one classification will not cover other classifications, and therefore your trademarks may be open for use there by others. Typically 6 items per class may be registered by default, with additional costs for each item in addition.
Confirm the Applicant’s Name and Address both in English and Vietnamese
The name and address of the applicant must be strictly identical to those of the company incorporation certificate or the passport of individual applicant. If you have no the Vietnamese translation of the name and address, we will translate it for you.
1. Scanned copy of the Power of Attorney (POA) signed by the applicant;
2. Scanned copy of the company’s certificate of incorporation; copy of passport for individual applicant;
3. Proposed mark.
Our trademark experts will assist you in creating, organizing, and translating these documents wherever necessary. When all the documents are prepared, your mark will be filed within 1 working days. Then we will send you Vietnam Trademark number.
TRADEMARK EXTENSIVE STUDY
Not all trademarks can be registered. Our trademark experts will check attorney-only trademark databases to find out if there are any potential conflicts. We use a manual trademark search to find almost 100% of all similar marks and potential conflicts for preventing you from wasting time and money.
Register your Trademark in Vietnam
(one class include Govt Fee)
USD180 for each additional class. *No other fees for registration if no rejection or opposition.
Can a foreign individual apply for Vietnam trademark registration?
Yes, a foreign applicant can be either corporation or individual.
How long is to process a Vietnam trademark registration?
Generally, it takes over 10 months to process in Vietnam.
Should I return the trademark certificate if I need to renew the trademark?
Yes, you need to return the trademark certificate to the Intellectual Property Office of Viet Nam (IPVN) for new record.
Can I register a Trademark by myself in Vietnam?
According to the Vietnam trademark law, any foreign person or foreign enterprise intends to apply for the registration of a trademark or any other matters concerning a trademark in Vietnam shall appoint a trademark agency.
The declaration material is not complete, the Trademark Office asks for correction, what should I do?
On the back of the correction notice, there is a detailed description of the supplement to the products/services. The applicant should fill in the instructions according to the requirements and send them back to the Intellectual Property Office of Viet Nam (IPVN).
I have registered my business, do I have the exclusive right to use my business name as my trademark?
No. Business registration and trademark registration in Vietnam serve different purposes. They are regulated by different laws and registration systems administered by different government departments. To obtain the exclusive right for using a trademark in relation to the goods and services for which the mark is registered, you need to apply to register your trademark with the Intellectual Property Office of Viet Nam (IPVN).
How can I know whether my company name has been registered as a trademark in the name of other company?
You can search the records of registered trademarks and trademark applications filed with the Intellectual Property Office of Viet Nam (IPVN) by using the free online search services provided by the IPVN to find out whether your company name has been registered as a trademark by other.
Should I file my trademark in Vietnam language?
Yes, for a broader protection in Vietnam, we recommend registering your trademark in Vietnamese. If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.
Will there problems in case I don’t use my trademark after registration?
Yes. A registered mark can be attacked on the ground of non-use.
Is there any possibility to claim priority in Vietnam?
Yes. Applicants may claim priority application if the following conditions are met:
If the applicant’s home country is a member of the Paris Convention
If the date of the home application is within 6 months prior to the filing of an application in Vietnam
If the applicant’s home country is a member of the World Trade Organization
If an international registration can be based on this registration
Does having a registered trademark in Vietnam give me any right?
Registration is required in order to obtain trademark rights. The “first to file” rule is applicable in Vietnam.
FEES FOR TRADEMARKS IN VIETNAM
(per mark per class)
(For each additional class)
(For each product/service from the 7th one in a class)
(For each additional class)
|Late Renewal (per month)||+5%|
|Counter Statement||USD$630 onwards|
DRAKE CHEN ®
Wuhan Chuchuangyuan Trademark Agency Co., Ltd
Phone: +86 18672762230
Huaqingyuan, Zhongshan Road 975, Jiangan Dist
Wuhan City, Hubei province, China
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