When register for the protection of trademarks, one might find it confusing; due to its procedure and the time limit for each step. In this article, LSX will answer the question of how long does it take to register a trademark in Vietnam?
- 2005 Intellectual Property Law
Definition of trademarks
Accordingly, a trademark contains 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.
Procedure for register a trademark
Basically, the procedure for trademarks registration will contain 05 steps in total:
- Submit the dossier for trademarks registration
- Formal examination of a trademark application
- Substantive examination of a trademark application
- Notice of intention to grant /refuse to grant diplomas
- Pay the fee for granting a trademark registration certificate
Correspondingly, each step that carried by the competent state agencies will follow a time limit as the regulation on IP law; which will go in the following order:
Formal examination of a trademark application
Thus, in this stage, NOIP will be responsible for examining the application, and the procedure must finish within 01 to 02 months only.
Substantive examination of a trademark application
Then, on this step, the time limit for substantive examination of a trademark application will occur in the period of 09-12 months.
Pay the fee for granting a trademark registration certificate
At this stage, the applicant must make sure to pay all the fees, following the law. Then, the NOIP shall grant and publicize the Certificate of trademark registration to the owner within 01-02 months from the date of payment of the fee for granting the Certificate of trademark registration.
The protection of trademarks will last for 10 years and can be renewable.
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.
Fee for extension of validity of a protection title (for trademarks and industrial designs): VND 540,000.