Nowadays, brands, companies, etc. are increasing rapidly. This makes competitive pressure and the demand for exclusivity increase. When a business is formed, the first important thing they need to do is register for trademark protection. This brings a lot of benefits and benefits to businesses. So why is trademark registration so important, and what is the registration process like? Lawyer X will clarify in the most complete way in this article.
Law on Intellectual Property 2005 amended and supplemented in 2019
Civil Code 2015
Why register for trademark protection?
Each product and service is the heart and mind of business owners. Therefore, trademark registration is to create conditions for businesses to protect themselves against negative business problems. So, what are the benefits of trademark protection for businesses?
Firstly, brand protection is building a legal tool in trademark protection.
Secondly, trademark protection has the effect of preventing the risk of intellectual property infringement.
Thirdly, trademark protection helps to increase the value of goods/services for businesses.
Fourthly, brand protection helps improve the competitiveness of enterprises in the market.
In Vietnam, trademark registration procedures are not mandatory. But the advantages from owning an exclusive brand help businesses both manage their assets well, and help take advantage of many advantages in the market. It can be said that brand protection not only ensures property rights but also increases the value of an enterprise’s intangible assets.
What is trademark registration?
In fact, the Law on Intellectual Property of Vietnam does not provide for “trademarks”. Although this is a common term and is mentioned a lot nowadays. Brand can be understood in a broad sense, including summarizing the evaluation and recognition of consumers for products/services in the market. It includes not only the brand name but also the imagination and the invisible look that consumers attach to the goods and services of the business.
In the process of business and operation, every business wants to promote and market its products/services to consumers. At that time, the advertising and marketing activities of the business are one of the steps contributing to building “invisible image”, “personality”, “value” for yourself. The sum of these factors can be considered as corporate branding. The longer a brand exists, the greater the number of people knowing and accessing the product/service.
“Brand” is essentially a trademark of goods/services which is the property of the intellectual property rights of individuals, organizations and enterprises. “Registration of trademark protection” is understood as filing a request to a competent state agency – the National Office of Intellectual Property of Vietnam to grant a protection title to protect the legitimate rights and interests of the owner. trademark, is the basis to prevent acts of infringing upon the industrial property rights of other individuals, agencies, organizations and enterprises.
Dossier for trademark protection
According to regulations, procedures for trademark protection registration are carried out as follows: it is necessary to prepare 01 set of documents including:
Information of the applicant: full name, address, nationality.
Logo description (trademark): meaning, color, translation from foreign language into Vietnamese if the mark has foreign words
The list of goods and services bearing the mark has been grouped according to the international classification list.
Power of attorney for attorney
Copy of business registration for product grouping
Brand model: 09 models
Time to be granted a certificate of registration of trademark protection is 12 months. In which, it is divided into phases: 01-month formal appraisal phase; publish in the Intellectual Property Official Gazette for 2 months; the substantive examination period is 6 months, then if there is no objection, the registered trademark will be granted a certificate within 1 month.
Check trademark registration
Checking trademark registration is important before, during and after the registration. This helps to increase the likelihood of successful registration of protection. It also helps to make the registration process more convenient and smooth. Checking for trademark protection registration is done through the following steps:
Step 1: Access the digital library of the National Office of Intellectual Property with the link http://iplib.noip.gov.vn/WebUI/WSearch.php
Step 2: Create a search query for the brand itself
There are search fields to choose from such as:
Name of the search mark
Group of products or services
Product or service name
Name of owner, registrant
Date to apply
Degree confirmation date
Country code from submitter
Province code from the submitter
Step 3: Click the search box
The website will respond to the results according to the selected search field. Here is a list of brands that match your search.
Step 4: Click on any application to see details
When the list pages appear, you can see the details of each brand by clicking on that brand.
Trademark registration procedures
The trademark registration procedure will be guided in detail by Lawyer X so that customers can better understand, including the following steps:
Step 1: Look up the duplication of the trademark to be protected
Step 2: File a trademark registration application at the National Office of Intellectual Property
Step 3: The NOIP examines the application and issues a notice on whether the application result is valid or not
Step 4: The NOIP publishes the trademark registration application in the Official Gazette of the NOIP
Step 5: The NOIP examines the content of the application
Step 6: Notify the results of substantive testing to grant or not grant a protection title
If a protection title is granted, the applicant must pay the title granting fee within the time limit. About 2 months will receive the protection title.
If the applicant is denied a license, if the applicant finds it unsatisfactory, he/she can carry out a response procedure with the NOIP to exchange his/her ability to grant a license.
Trademark registration fee
The cost of trademark registration is the fee that the applicant has to pay to the registrar. This cost depends on the choice of the trademark registrant himself. If you want to do the trademark registration process yourself, the price will be different from using the service. Of course, using the service will cost more. But in return for convenience, efficiency and time saving.
Currently, the price of trademark registration in companies also varies greatly. But the common price is from 3-4 million. This price can also be changed based on customer requirements. Different products and services will have different prices. You can consider, refer to more information from many different sources to make the best choice for you.
Basically, the cost of trademark registration or trademark registration depends on the group of products/services that the brand intends to monopolize in Vietnam.
The cost for trademark registration is calculated based on the scope of exclusivity and divided into the number of product or service groups that the brand wants to be exclusive.
If you need to register your trademark, please refer to the trademark protection registration service of Lawyer X.
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 “Trademark registration process in Vietnam”
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Trademark registration process 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@example.com
Please see more
- Registering for protection of trademarks as per Vietnamese law
- Steps to look up trademark in Vietnam
- Seal of representative office of foreign company in Vietnam
Frequently asked questions
After the trademark registration application is filed, the NOIP will examine the application in terms of form, including basic contents such as: Is the information written on the declaration correct and sufficient? Has the trademark sample been submitted enough? Expenses paid?…etc.
To be accepted as a valid application, it is necessary to check and correct the information as well as the quality of the trademark sample, and then submit it together with a written reply to the NOIP along with 05 new samples after they have been clearly corrected. After about 1 month from the date of submitting the additional dispatch, the NOIP will issue a notice of acceptance of the valid application for you.
The registration is completely voluntary on the basis of the intention to protect the intellectual property rights of business trademarks.
Vietnam’s intellectual property law does not have any regulations requiring that a trademark be registered only with its owner being a legal entity. Therefore, you can choose to register a trademark with either an individual or a company owner.