International registration of Vietnamese trademark under the Madrid System
Legal grounds
- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
1. Conditions and Dossiers for international registration of Vietnamese trademark under the Madrid System
Conditions for international registration of Vietnamese trademark
Generally, an individual who holds a nationality in a country that is a member of the Madrid System or an organization that has a legal place of business in a country that is a member of the Madrid System has the right to apply for international registration of a mark under the Madrid System.
Actually, an application for international registration of a trademark under the Madrid System should be based on a basic application that has been filed with the NOIP or has been issued a Certificate of Trademark Registration by the NOIP.
Dossiers for international registration of Vietnamese trademark
(i) First of all, 02 Declarations requesting international registration of trademarks of Vietnamese origin, typed according to form No. 06-DKQT Appendix C of Circular No. 01/2007/TT-BKHCN;
(ii) Secondly, 02 copies of Declaration MM2 [posted on website: HTTP://WIPO.INT (language used in English)];
(iii) Thirdly, 05 attached trademark samples (In case of registration as a color trademark, in addition to 05 color trademark samples, the applicant needs to submit 05 black and white trademark samples);
(iv) Next, Power of attorney (in case through an industrial property representation service organization);
(v) Plus, A photocopy of the establishment registration application or a photocopy of the Trademark Registration Certificate;
(vi) Additionally, 02 copies of MM18 in the case of an international application for registration of the mark in the United States;
(vii) Further, Fee for preliminary assessment of form submitted to NOIP: 2,000,000 VND;
(viii) Lastly, Fees payable to the International Bureau can be found on the WIPO website
2. Methods of international registration of Vietnamese trademark under the Madrid System
An applicant may submit an international registration of a mark of Vietnamese origin directly or via postal service to one of the NOIP’s application receiving points, specifically:
– Firstly, Office of the National Office of Intellectual Property. Address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.
– Secondly, Representative office of the National Office of Intellectual Property in Ho Chi Minh City. Address: 7th floor, Ha Phan building, 17/19 Ton That Tung, Pham Ngu Lao ward, district 1, Ho Chi Minh city.
– Thirdly, Representative office of the National Office of Intellectual Property in Da Nang city. Address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case the application is submitted by post, the applicant needs to transfer money via the postal service, then photocopy the Receipt of remittance and send it together with the application file to one of the above-mentioned application-receiving points of the Department. Intellectual property to prove the amount paid.
(Note: When transferring fees and charges to one of the above-mentioned application-receiving points of the National Office of Intellectual Property, the applicant needs to send the application by post to that application-receiving point).
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