Registering trademark protection for foreign companies in Vietnam

Although a trademark is also a type of property, it is a special kind of property, especially in the possession, use and disposition of them due to the territorial nature of the mark. That is why today, countries around the world have built their own system of trademark registration and consider the trademark registration procedure as the most complete legal foundation for protection. a trademark in commerce. So about the matter “Registering trademark protection for foreign companies in Vietnam” Let’s find out with LSX in the article below.

Legal ground

• The 2005 Law on Intellectual Property was amended and supplemented in 2019.

The concept of “trademark” and “brand”

Currently, the terms “brand” and “brand” are widely used in socio-economic life. However, not everyone understands these two terms correctly and there is conceptual confusion regarding these two terms as one.

Here are some points to clarify the above two concepts

From a legal perspective: The concept of “trademark” is codified internationally as well as by Vietnamese law, while “brand” is not a codified concept.

Trade mark as defined by the World Intellectual Property Organization (WIPO): a mark is “a sign used to distinguish goods or services of the same or similar type of production establishments, different businesses”.

The Vietnam Intellectual Property Law also defines a mark as follows: a sign used to distinguish goods and services of different organizations and individuals (Clause 16, Article 4 of the Intellectual Property Law).

Brand is a new term widely used in our country in commerce and advertising, so it has become popular and used by the majority of people and is said to be equivalent to “brand”.

Thus, the terms “brand” and “brand” are used in different contexts, from a legal perspective we use “trademark”, while from a corporate governance perspective, the term brand is often used. .

Therefore, according to the law, only “trademark” is the subject of recognition and protection by a competent state agency through the granting of a protection title, also known as a registration certificate. while “brand” is created through the process of building and developing a business, helping to affirm its competitiveness and value in the market.

Creating a business’s brand can be one or a combination of the following factors, when those elements are widely known and create a certain reputation.

Characteristic words: usually trademarks, geographical indications, trade names of enterprises

Industrial Designs

Logos: are trademarks or part of a business’s image

Characteristic slogan (slogan)

Characteristic color

Unique design of the product

Sound, taste

Method of service, customer care

The registration and protection of trademarks have been prescribed in the Intellectual Property Law, but the object of the trademark is not legalized, so in order to protect the brand, the conduct of trademark protection of the enterprise is really necessary. set.

Trademarks and trademarks can in fact be valued to determine assets, contribute capital or transfer or transfer rights. But because they are not exactly the same in nature, businesses need a specific assessment to determine.

Registering trademark protection for foreign companies in Vietnam

Article 89 – Law on Intellectual Property stipulates: “Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations and individuals having production and business establishments in Vietnam shall submit application for registration of establishment of industrial property rights directly or through a legal representative in Vietnam. Foreign individuals who do not permanently reside in Vietnam, foreign organizations and individuals without production or business establishments in Vietnam, shall submit applications for registration of establishment of industrial property rights through their legal representatives in Vietnam. .”.

Thus, foreign individuals and organizations permanently/non-resident in Vietnam, with or without production facilities in Vietnam, have the right to trademark registration. However, customers need to note which subjects they belong to to determine who can file an application to establish rights.

Trademark registration documents for foreigners

Foreigners who want to register a trademark need to prepare the following basic documents:

– Full name and address, phone number of the applicant;

– Sample of trademark (not smaller than 3×3 cm, not exceeding 8×8 cm);

– List of products and services intended for trademark registration;

– Declaration of trademark registration;

– Power of attorney (provided by the representative when receiving the request);

– Proof of payment of trademark registration fee.

– Documents applying for priority right (if any).

Dossier for trademark registration and transaction documents

Note: Dossier for trademark registration and transaction documents between the applicant must be made in Vietnamese and in case the subject authorizes registration for a representative, it will have to add a Power of Attorney according to the law. Our samples are available.

# Step 1: Look up and assess the protectionability of the brand (logo)

• There are two trademark search options:

• First option: Submit a trademark template with the name of the business product or service

• The second option: Search online on the website of the National Office of Intellectual Property by following the link

http://iplib.noip.gov.vn/WebUI/WSearch.php

#Note:

• Search for similar cases of trademark: For example: baemin, baemi…etc

• Need to search for more similar services: For example: Phone, Buy and sell phones, Software….

# Step 2: Submit a trademark application to the NOIP

Dossier for Trademark Registration Includes

• Registration form

• Brand Model

• List of goods / services

• Name and address of the application owner (owner)

• Other documents to prove registration rights (If any)

Reception Office:

• The applicant can submit the application directly at the National Office of Intellectual Property in Hanoi or the Representative Office of the National Office of Intellectual Property in Da Nang, Ho Chi Minh City.

• Submit an application by post to the National Office of Intellectual Property or the representative agency of the National Office of Intellectual Property of Vietnam.

# Step 3: Follow up the trademark registration dossier at the National Office of Intellectual Property

Check the compliance with the regulations on the form of the application, thereby making a conclusion whether the application is considered valid or not (Make a decision to accept the valid application / refuse to accept the application.

+ 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 valid application, clearly stating the reasons and omissions that cause the application to be rejected and setting a time limit. 2 months for the applicant to comment or correct the omission. If the applicant fails to correct the omissions/unsatisfactorily corrects the omissions/has no objections/unwarranted objections, the NOIP shall issue a decision to refuse to accept the application.

After there is a decision to accept the valid application, the application will be published in the Industrial Property Official Gazette.

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

# Step 4: Issue a certificate of protection or respond to a refusal notice

At the end of the substantive examination of the application at Step 3 #, the NOIP will issue one of two notices:

• Notify the results of substantive examination: Agree to issue the certificate and the organization or individual pays the fee for the certification within the prescribed time limit.

• Notice of rejection of part or all of a trademark application. Depending on the denial, the applicant may choose one of the following response options:

+ Analyze and answer that NOIP’s conclusion is not convincing.

+ Remove part of the brand or product / service category to protect the rest.

+ Obtain the consent letter of the trademark owner cited.

+ Cancellation of the cited trademark.

# Step 5: Renew the validity of the trademark registration certificate

Trademark registration certificates are valid for 10 years from the filing date. The applicant can extend the validity before 06 months or 06 months after the certificate expires.

Services of LSX

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.

Please contact us immediately if you have any questions about “Registering trademark protection for foreign companies in Vietnam”

Contact LSX

Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Registering trademark protection for foreign companies in Vietnam” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]

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