When operating a business in Vietnam, understanding the requirement and the procedure is a must. Yet, the issue may sound complex to foreign investors; therefore, LSX will give you details on the dossier for the protection of foreign trademarks in Vietnam.
- 2005 Intellectual Property Law
Defnition of trademarks
Accordingly, trademarks are signs to distinguish goods, services of different organizations, individuals. In fact, signs used as trademarks must be visible signs in the form of letters, words, images, drawings, or a combination of such elements represented by one or more colors.
Conditions for the protection of foreign trademarks
Hence the regulations of Intellectual Property Law, trademarks need to meet the following conditions:
- A visible sign in the form of letters, words, drawings, images, including holograms or a combination of such elements, represented by one or more colors
- Having the ability to distinguish goods and services of the mark owner from those of other subjects.
Thus, these conditions also go with foreign trademarks; in case foreign investors may want to protect them legally.
Dossier for protection of foreign trademarks
Basically, a dossier for the protection of foreign trademarks will contain the following documents:
- 02 Registration form
- 05 samples of the same mark (except for the sample of the mark affixed on the declaration)
- Power of attorney
- Documents proving the right to register, if the Company enjoys that right from someone else
- Documents proving the right of priority, if there is a request for priority rightB
- Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property)
Normally, it will take 02-03 months from the date of payment of the fee for granting the Trademark Registration Certificate.
The time for substantive examination is 8 months from the date of publication of the application.
Yes, they can. In case, foreign individuals do not permanently reside in Vietnam, foreign organizations and individuals do not have production and business establishments in Vietnam, must submit registration dossiers through their legal representatives is an industrial property representative organization) in Vietnam.