Procedures for foreign trademark registration in Vietnam

by NguyenThiThuTrang

Trademark registration is something that any company or business should do as soon as possible. However, not everyone knows how and where trademark registration is done in Vietnam. So, do foreign trademarks in Vietnam need to be registered for protection? What is the procedures for foreign trademark registration in Vietnam? To answer these questions, please refer to the article below.

Intellectual Property Law 2005 Amendment 2019

Consulting content

Dossier for registration of foreign marks in Vietnam

When registering for protection of foreign trademarks; Need to prepare 01 application with the following documents:

02 Registration form (according to the form).

05 samples of the same mark (except for the sample of the mark affixed on the declaration).

Document proving the right to register, if the Company enjoys such right from someone else.

Documents proving the right of priority, if there is a claim for priority right.

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).

Power of attorney, if the application is filed through a representative.

Procedures for foreign trademark registration in Vietnam

Step 1: Submit your application

Apply directly at the nearest National Office of Intellectual Property. Including: at the National Office of Intellectual Property in Hanoi or two representative offices in Ho Chi Minh City. Ho Chi Minh City and Ho Chi Minh City. Danang.

If it is not possible to file directly, the application can be submitted by post to the National Office of Intellectual Property.

Step 2: Receive the application and verify the application form

The NOIP receives the application and conducts formal examination of the application within 1 month from the date of application. In case the Company actively requests to amend and supplement the application; or respond to the NOIP’s notice, the time limit for formality examination may be extended by 10 days.

Step 3: Valid announcement

All validly accepted applications will be published by the National Office of Intellectual Property in the Industrial Property Official Gazette. The company must pay the application publication fee.

The time limit for publication will be 02 months from the date of accepting the valid application.

Step 4: Verify the content of the application

The time limit for substantive examination is 06 months from the date of application publication. In case the Company actively requests to amend and supplement the application, or respond to the NOIP’s notice, the time limit for substantive examination may be extended for no more than 03 months;

Step 5: Grant or refuse to grant a protection title

An application for a protection title shall be refused if it falls into one of the following cases:

An application that meets the conditions for a protection title but is not an application with the earliest priority or filing date;

There are grounds to assert that the object stated in the application does not fully satisfy the protection conditions;

The application in the same category has the priority date or the earliest filing date without the agreement of all the Companies on the grant of a single application among those applications by the agreement of all the Companies.

The time limit for granting a protection title is within 10 days from the date on which the Company fully and timely pays fees and charges; The National Office of Intellectual Property shall carry out procedures for granting protection titles according to regulations.

Step 6: Register and announce the decision to grant a protection title

The time limit for announcement is 02 months from the date of decision, after the Company has paid the fee for publication as prescribed.

Thus, organizations and individuals not permanently residing in Vietnam registering foreign trademarks in Vietnam must go through a legal representative in Vietnam. Those are industrial property representative organizations licensed to operate by the National Office of Intellectual Property.

Industrial property rights to trademarks

Industrial property rights to a mark are determined according to the protection title granted by the National Office of Intellectual Property.

Trademark owners have the following rights:

The right to use and permit others to use the mark

Use of a trademark includes the following acts:

a) Affixing the protected mark on goods, goods packaging, means of business, means of service, transaction papers in business activities;

+) Circulation, offering for sale. Advertising for sale, stockpiling for sale of goods bearing the protected mark;

+) Importing goods and services bearing the protected mark.

With the function of distinguishing goods and products of different producers, the affixing of a trademark on the packaging of goods and means of business is the most common of the three acts mentioned above.

The right to prevent others from using the mark

Vietnamese law has specific provisions on the owner’s right to prevent others from using the protected mark based on the provisions of the acts that are considered infringing the rights to the mark in Clause 1 of this Article. 1 Article 129 of the 2005 Intellectual Property Law.

However, in some cases, the owner does not have the right to prevent others from using the trademark. Those are cases that do not affect the ability to exploit and use the owner and prove the truthfulness of such protection before the date of filing the geographical indication registration application.

Right to dispose of trademarks

Trademark is considered a special type of property and is one of the industrial property objects with great value and commercial exploitation ability. The right to dispose of this property will belong to the owner and is specified in the part of the transfer of industrial property rights. This includes the assignment and transfer of industrial property rights. Assignment or transfer means that the owner allows other individuals or organizations to own and use the mark.

Transfer of ownership and transfer of trademark ownership must be done through a written contract. This contract is only valid when it has been registered with the state management agency in charge of industrial property rights.

Cases of invalidation of trademark protection titles

Pursuant to the 2019 Intellectual Property Law, a trademark registration certificate is terminated in the following cases:

– The protection title holder fails to pay the validity extension fee as prescribed.

– The owner of the protection title declares to give up industrial property rights

– The owner of the protection title no longer exists. Or the holder of the Trademark Registration Certificate no longer operates without a legal successor

– The trademark is not used by the owner or the person authorized by the owner for a period of five consecutive years. Before the date of request for termination. Without a good reason. Except where usage is started or restarted. At least three months prior to the date of the termination request.

– The holder of the trademark registration certificate for the collective mark does not control. Or the control is not effective. Regarding the implementation of regulations on the use of collective marks.

– The holder of the certificate of trademark registration for the certification mark violates the regulations on using the certification mark. Or fail to control or effectively control the implementation of the regulation on the use of certification marks.

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Frequently asked questions

How long does it take to register an industrial design?

According to regulations, when registering for protection of industrial designs; To be granted an industrial design protection title, it will take you about 10 months.

Why register for protection of foreign trademarks in Vietnam?

Trademark is a sign to distinguish goods and services of different organizations and individuals. When competing in the market, competitors can copy and use the mark illegally. Therefore, when establishing a business, organizations and individuals should register for trademark protection; including foreign brands in Vietnam. From there, in order to protect the rights and interests of enterprises; while protecting its own brand; while avoiding unnecessary disputes.

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