Trademarks are among the objects that the law of Vietnam and the rest of the world pay a lot of attention to because trademark infringement has been growing in recent years along with economic growth. Intellectual property-related concerns are a constant source of attention for many businesses. Building a brand is challenging, but maintaining that brand in the marketplace is even more challenging. In this article, LSX legal firm would like to inform you with: “How long does it take to register marks in Vietnam?”
Legal ground
- Law on Intellectual Property 2005
Forms of trademark registration for foreigner in Vietnam
Article 89 of the Law on Intellectual Property 2005, amended 2019 provides for forms of registration for the establishment of industrial property rights as follows:
Article 89. Modes of filing registration applications for the establishment of industrial property rights
1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations or individuals having production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights either directly or through their lawful representatives in Vietnam.
2. Foreign individuals not permanently residing in Vietnam, foreign organizations, or individuals having no production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights through their lawful representatives in Vietnam.
3. Submit an application for registration of the establishment of industrial property rights in paper form to the state management agency in charge of industrial property rights or in electronic form according to the online filing system.
General requirements of applications for registration of industrial property
An industrial property registration application shall contain the following documents:
- Declaration for registration, made on the stipulated form.
- Documents, samples, and information identifying the industrial property object registered for protection.
- Power of attorney, if the application is filed through a representative.
- Documents evidencing the registration right, if such right is acquired by the applicant from another person.
- Documents evidencing the priority right, if such right is claimed;
- Receipt for payment of fees and charges.
Industrial property registration applications and source documents of transactions between an applicant and the State administrative body for industrial property rights shall be made in Vietnamese, except for the following documents which may be made in another language but shall be translated into Vietnamese at the request of the State administrative body for industrial property rights:
- Power of attorney;
- Documents evidencing the registration right;
- Documents evidencing the priority right;
- Other documents supporting the application.
Papers proving priority right
Documents proving the priority right in an industrial property registration application include:
- A copy of the first application(s) certified by the receiving office.
- Deed of assignment of priority right if such right is acquired from another person.
Requirements on applications for registration of marks
Documents, samples, and information identifying a mark that needs registration for protection in an application for registration of a mark shall include:
- A sample of the mark and a list of goods or services bearing the mark.
- Regulations on the use of collective marks or regulations on the use of certification marks.
The sample of the mark must be described in order to clarify elements of the mark and the comprehensive meaning of the mark, if any. Where the mark consists of words or phrases of hieroglyphic languages, transcribe such words or phrases. Where the mark consists of words or phrases in a foreign language, translate such words or phrases into Vietnamese.
Goods or services listed in an application for registration of a mark must be classified into appropriate groups in accordance with the Classification List under the Nice Agreement on International Classification of Goods and Services for the purpose of mark registration, and published by the State administrative body for industrial property rights.
The regulations on the use of collective marks
Regulations on the use of collective marks shall contain the following principal contents:
- Name, address, grounds of establishment, and operation of the collective organization being the owner of the mark.
- Criteria for becoming a member of the collective organization.
- List of organizations and individuals permitted to use the mark.
- Conditions for use of the mark.
- Measures for dealing with breaches of regulations on the use of the mark.
The regulations on the use of certification marks
The regulations on the use of certification marks shall contain the following principal contents:
- The organization or individual being the mark owner.
- Conditions for using the mark.
- Characteristics of goods or services certified by the mark.
- Methods of evaluating characteristics of goods or services and methods of controlling the use of the mark.
- Expenses to be paid by the mark user for certification and protection of the mark, if any.
Protection title of trademark
After applying for trademark registration successfully, the applicant shall receive a certificate of trademark registration for the registered mark. As a result, the law will protect the mark as well as the owner by its protection title.
Protection titles shall have their validity throughout the Vietnamese territory.
Certificates of registered marks shall have a validity starting from the grant date.
Renewal of trademark
It will expire at the end of 10 years after the filing date. The owner can renew it for many consecutive terms, each of 10 years.
In order to have the validity of a certificate of registered mark prolonged, its owner shall have to pay a validity prolongation fee. The government shall provide the fee rates and procedures for maintaining or prolonging the validity of protection titles.
How long does it take to register marks?
Article 119 of the Law on Intellectual Property 2005 stipulates the time limit for the registration of industrial property as follows:
Article 119. Time limit for processing applications for registration of industrial property
1. An application for registration of industrial property shall have its form examined within one month from the filing date.
2. An application for registration of industrial property shall be substantively examined within the following time limits:
(a) For an invention, twelve (12) months from the date of its publication if a request for substantive examination is filed before the date of publication of the application, or from the date of receipt of a request for substantive examination if such request is filed after the date of publication of the application;
(b) For an industrial design, a mark or a geographical indication, six (6) months from the date of publication of the application.
3. The time limit for a re-examination of an application for registration of industrial property shall be equal to two-thirds of the time limit for the initial examination, and may, in complicated cases, be extended but must not exceed the time limit for the initial examination.
4. The duration for amendment or supplementation of applications shall not be included in the time limits specified in clauses 1, 2, and 3 of this article.
The processing time for trademark applications:
- Formal assessment: 01 month.
- Announcement of applications: within 2 months from the date on which a decision on acceptance of a valid application issued.
- Substantive examination: no more than 09 months from the date of application publication.
- Get the degree: within 1-2 months from the date of paying the degree fee.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants. The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself. We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
This article contains information about “How long does it take to register marks in Vietnam?” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
See more
Foreign trademark registration service in Vietnam
Forms of trademark registration for foreigner in Vietnam
Procedures for foreign trademark registration in Vietnam
Frequently asked questions
If an application for registration of industrial property does not fall into the cases of refusal to grant protection titles, the State administrative body for industrial property rights shall decide to grant a protection title and enter it in the National Register of Industrial Property.
According to the Law on Intellectual Property 2005, cases of refusal:
– Having grounds to affirm that the subject matter stated in the application does not fully satisfy the conditions for protection;
– The application satisfies the conditions for the grant of a protection title but does not have the earliest filing date or priority date as in the case stipulated in clause 1 of article 90 of this Law;
– The application falls into a case stipulated in clause 2 of article 90 of this Law but fails to have the consensus of all applicants.
Before the competent State administrative body for industrial property rights decides or refuses to grant a protection title, the applicant shall have the right to make a written declaration on the withdrawal of the application for registration of industrial property in his or her own name or through an industrial property representation service organization, provided that a power of attorney clearly states authorization for withdrawal of the application.
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