Procedure for exclusive trademark registration in Vietnam

Currently, most businesses are very interested in trademark protection to limit acts of trademark infringement, and at the same time protect the honor and reputation of the business itself. However, many businesses wonder about the regulations related to the issue of exclusive trademark registration. So about the matter “Procedure for exclusive trademark registration in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Consolidation document 07/VBHN-VPQH 2019
• Law on Intellectual Property 2005

What is a trademark?

According to the provisions of Article 4 of the 2005 Intellectual Property Law:

Trademarks are signs of an enterprise (or a group of businesses) used to distinguish its goods or services from those of other enterprises of the same type.

“Trademark” can be understood as a term that refers to a common trademark of goods and trademarks of services.

Consists can be words, pictures or words combined with images represented by one or more colors.

What documents need to be prepared to proceed with the registration of an exclusive trademark?

In order to proceed with the procedure for exclusive trademark registration, it is necessary to prepare a trademark registration dossier, also known as a trademark application, which requires the following documents:

• A declaration of request for a Certificate of Trademark Registration (which must contain a List of goods and services bearing the mark) made according to form number: 04-NH (02 copies);

• Trademark sample (5 attached samples, in addition to 1 sample attached on the Declaration);

• Documents proving the right to register (business registration certificate, agreement contract, letter of confirmation letter of consent, decision or establishment license, charter of organization) (01 copy);

• Power of attorney to file the application, if any (01 copy);

• Application fee payment receipt (01 copy);

• An application for registration of a collective mark or a certification mark; There must also be a Regulation on the use of collective marks/ Regulations on the use of certification marks;

• Documents proving the right to use/register the mark containing special signs (name, symbol, flag, badge, agency, organization, certification mark, inspection mark; warranty mark, name) characters, images, trade names, indications of origin, awards; medals, or symbols to represent products, signs under the protection scope of other people’s technological designs) (01 copy) .

Procedure for exclusive trademark registration in Vietnam

In order for a trademark to be granted an exclusive protection title, the trademark registration procedure is carried out through the following steps:

Step 1: Choose a consultant

• When conducting trademark search and registration, the selection of a consulting unit is very important.

• Not all law firms and consulting units are Intellectual Property Representative Organizations.

• Consulting units that are Intellectual Property Representatives are really specialized and experienced units to advise and best evaluate the possibility of successful trademark registration.

Step 2: Select a brand and products and services for the brand

• Trademark selection: Select a trademark template that meets the protection criteria. The selected mark is not similar to other registered trademarks, well-known trademarks, trademarks are descriptive signs that are not capable of granting protection.

• Select a list of registered products: You need to select a list of products and services bearing the mark according to the above instructions. Grouping of products and services needs to be carried out according to the International Classification of Nix trademarks.

Step 3: Look up trademarks

• In order to successfully register a trademark, that is, a registered trademark can be granted a protection title, the subject must file a registration application before proceeding with the trademark registration, the enterprise should carry out a search procedure. brand.

• Is the trademark search to determine the registrability of the mark compared with other marks of the same type already registered at the Intellectual Property Office?

• After the results of the trademark search are available, the applicant will decide whether or not to register the searched mark.

• The trademark search also contributes to determining whether the mark can be granted a license or not?

• If it is determined that the mark is not likely to be granted a title, the owner should consider an amendment to be able to be granted exclusive protection.

• A trademark search avoids the long waiting time after testing but does not yield the results expected by the applicant.

Step 4: Submit application form

After an in-depth search and the mark is judged to be registrable, the applicant will proceed to submit a registration application. As soon as the application is submitted, the applicant must pay the registration fee.

Agencies receiving and processing dossiers and collecting registration fees in Vietnam: Vietnam Intellectual Property Department.

Step 5: Verify the application form

• The time limit for formal examination of a trademark application is 1 month from the date of filing the application.

• The National Office of Intellectual Property will consider the application to be eligible in terms of form, label form, application owner, filing right, subgroup, etc.

• If the enterprise’s application meets the conditions. The NOIP will issue a Notice of Acceptance of a valid application and publish the application.

• If the enterprise’s application does not meet the conditions. The NOIP will issue a Notice of Non-acceptance of the application and request the enterprise to amend it. The application owner and the applicant’s representative shall make amendments as required. Then, proceed to submit the revised official letter to the NOIP and pay an additional fee if the group is classified incorrectly.

Step 6: Publish application

• Time limit for publication of trademark application: 02 months from the date of notification of valid application acceptance.

• Contents of application announcement include: Information about valid applications recorded in notices of acceptance of valid applications, samples of trademarks and a list of goods and services.

• Form of publication: Website of the National Office of Intellectual Property and the Industrial Property Official Gazette.

Step 7: Verify the content of the application

• Time limit for substantive examination: 09 months from the date of application publication.

• The National Office of Intellectual Property (IP) considers the conditions for trademark registration. On that basis, the IP will assess the possibility of granting a degree to the mark that the applicant has registered. If the application meets all conditions, the IP will issue a Notice of intention to grant a trademark protection title.

• If the application does not meet the requirements. The Intellectual Property Office issues a Notice not to grant a title to the trademark registered by the applicant. The trademark application owner shall consider and send a written response to and appeal against the decision of the National Office of Intellectual Property. The applicant gives the grounds for granting a trademark protection title for his trademark.

Step 8: Pay the protection title fee

After receiving the notice of intention to grant a protection title, the applicant shall pay the granting fee.

Step 9: Issuing Trademark Registration Certificate

• After the trademark owner has made the payment of the diploma tripping fee. The NOIP will grant trademark protection titles within 2-3 months from the date of fee payment.

• Time to register a trademark is about 12-18 months from the date of acceptance of a valid application.

• Term of trademark protection: Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection titles and there is no limit on the number of renewals. Therefore, the trademark will be an asset throughout the operation and business process of the enterprise.

Fees for registration of exclusive trademarks

Fees for carrying out procedures for exclusive trademark registration include 2 items: trademark registration costs and service costs. As follows:

Exclusive trademark registration fee for each ordinary application

An ordinary trademark registration application is an application for protection of a group of goods and services including 06 products and services. The cost of trademark registration includes:

• Application fee: 150,000 VND/application;

• Content appraisal fee: 550,000 VND;

• Search fee for trademark appraisal: 180,000 VND;

• Certification fee: 120,000 VND;

• Registration fee: 120,000 VND;

• Trademark announcement fee: 120,000 VND.

Note: The above fee is for 1 brand logo / 1 industry group / up to 6 products.

Fees for registration of exclusive trademarks for each application including many groups, products, goods and services

For a trademark registration application consisting of many groups, products, goods and services, the cost of protection registration includes:

• Application fee: 150,000 VND/application;

• Fee for substantive examination of a trademark application:

• For each group of products/services registered for protection: VND 550,000;

• For each group of products/services registered for protection with more than 6 products/services registered, an additional fee must be paid for each product/service from Saturday onwards: 120,000 VND.

• Search fee for trademark examination:

• For each group of products/services registered for protection: 180,000 VND;

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