Registering for protection of trademarks as per Vietnamese law

by NguyenThiThuTrang

Trademark protection is an administrative procedure; in order to establish the rights of the applicant’s trademark through being granted a protection title for that trademark by the National Office of Intellectual Property. So what documents are needed to register for trademark protection? For the applicant to better understand the regulations related to trademark protection procedures; Let’s find out this issue with Lawyer X through the following article.

Legal grounds

  • Law on Intellectual Property 2005, amended and supplemented in 2009
  • Decree 105/2006/ND-CP

Why register for trademark protection?

Trademark is a sign to distinguish goods and services of an individual; different organizations to show who is the producer or service provider. According to the provisions of law, the NOIP will refuse to refuse to register if the mark is likely to cause confusion with another mark.

The filing of a trademark registration application helps enterprises to prevent rival enterprises from using that mark to cause confusion; or profit from a registered trademark. In case an enterprise still knowingly trades in potentially misleading products, it can initiate a lawsuit to claim compensation.

One of the competitive advantages in today’s developed economy; That’s how businesses build their brand. The registration of trademark protection for enterprises; besides promoting brand promotion activities, creating trust in relationships with customers; but the enterprise also has a legal basis to protect its interests against the illegal use of that mark.

What is trademark registration?

Trademark registration is a procedure that individuals and organizations need to perform; to legalize trademark ownership and be able to publicize that trademark ownership in the mass media.

Trademark registration is a method to help publicize a trademark. When the registered trademark is published; a large part of customers will have access to the brand. Thereby customers can identify your brand; with trademarks of other individuals or organizations.

Benefits of trademark registration

When registering a trademark, you will be fully protected by law. Accordingly, no individual or organization has the same right to use the mark as you, in the same field. This helps your product to be exclusive in the market. Contribute to minimizing consumer confusion.

Trademark infringement is manifested in many different aspects. The most typical is the behavior of using logos and equivalent marks in the same field. Without trademark registration, it will be very difficult for you to reclaim your rights. On the contrary, a trademark protection title will be a solid legal basis against the above behavior. Therefore, hurry up and register today.

Assuming the product has the same function; Would you prefer products with registered or unregistered trademarks? Surely most of you will answer that; I will give preference to registered products. This is the general psychology of customers when shopping. Because products with registered trademarks will limit the situation of counterfeiting and counterfeiting. At the same time, the registration of protection shows the professionalism of the supplier.

How to register for trademark protection?

Instructions for filing a trademark registration application

– Step 1: Receive the application for registration of trademark protection

Applications can be submitted in person; or send by post to the headquarters of the National Office of Intellectual Property.

– Step 2: Verify the form of the trademark registration dossier.

Check the compliance with the regulations on the form of the application; then make a conclusion whether the application is considered valid or not

  • In case the application is valid, the NOIP shall issue a decision to accept the valid application;
  • In case the application is invalid, the NOIP shall issue a notice of its intention to refuse to accept the application; which clearly states the reasons and omissions that cause the application to be refused. Within 2 months if the applicant fails to correct the omission; unsatisfactory correction of deficiencies; no objections; If the objection is unwarranted, the NOIP shall issue a decision to refuse to accept the application.

– Step 3: Announce the application

After receiving a decision to accept a valid application; The application will be published in the Industrial Property Official Gazette.

– Step 4: Verify the content of the trademark registration application

Assess the protection ability of the object stated in the application according to the protection conditions; thereby determining the corresponding scope of protection.

– Step 5: Make a decision to grant/refuse to grant a protection title:

Dossier for registration of trademark protection

A trademark registration application, also known as a trademark application, must contain 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 of letter of consent, decision or establishment license, organization charter) (01 copy);
Power of attorney to file the application, if any (01 copy);
Application fee payment voucher (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 a trademark containing special signs (name, logo, flag, badge, agency, organization, certification mark, inspection mark; warranty mark, personal name) objects, 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).

Trademark registration service

Nowadays, trademark registration is very popular. However, not all business owners have adequate knowledge of intellectual property law in general; and knowledge of trademark registration procedures and procedures in particular. Therefore, it has created unnecessary losses and risks such as:

The business market is always a highly competitive, high-risk market. The delay in the process of trademark registration will make the mark possible for competitors to copy and take advantage of.
The trademark registration process involves many steps and takes a long time. So the more you delay, the more risks and losses you will create.
When using the service, lawyers can advise, exchange and support customers in the best way. Contribute to the smooth, fast and efficient registration process.

Fee for filing trademark registration application

Fees for filing a trademark application include:

Application fee (including separation and conversion applications): 75,000 VND
Fee for requesting extension of time limit for replying to notices of fee-collecting organizations (each time extension is allowed): VND 60,000

Where is the application for registration of exclusive trademark protection filed?

How to apply for trademark registration. There are two ways to submit your application:

Filed directly at the one-stop department of the National Office of Intellectual Property. There are three main locations for in-person submission:

Head office in Hanoi: No. 384-386, Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District.
Representative office in Da Nang: 3rd floor, 135 Minh Mang street, Khue My ward, Ngu Hanh Son district, Da Nang city.
Representative office in Ho Chi Minh City: 7th floor, Ha Phan building, number 17-19 Ton That Tung, Pham Ngu Lao ward, district 1, city. Ho Chi Minh.
Or submit online via Online Portal: http://www.noip.gov.vn

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Please contact us immediately with questions about the Registering for protection of trademarks as per Vietnamese law

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question: “Registering for protection of trademarks as per Vietnamese law. If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

How much is the international registration fee for a trademark?

– Fees for international registration of trademarks of Vietnamese origin – excluding fees payable to the International Office are VND 2,000,000.
– Fees for appraisal, amendment, transfer, extension, territorial expansion, product list restriction, termination or invalidation of an internationally registered mark of Vietnamese origin is VND 1,000,000.

Is there a fee to look up trademark information?

– Fees for information search to serve the appraisal, complaint settlement and other tasks within the scope of responsibility (for brands with up to 6 products/services for each group); Searching for affiliated trademarks serving the appraisal of registration dossiers for industrial property rights transfer contracts (each protection title) for trademarks is VND 180,000.
– If the subject of search is a trademark with more than 6 products/services in a group, an additional fee of 30,000 VND must be paid for each product/service from Saturday onwards.

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