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Trademark registration under Vietnamese legislation

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Trademark protection is an administrative procedure; in order to establish the trademark rights of the applicant, the National Office of Intellectual Property of Vietnam (NOIP) grants a protection title for that trademark. To have a better understanding of the regulations related to trademark protection procedures, follow this articles of LSX about “Trademark registration under Vietnamese legislation”.

Consolidated text 07/VBHN-VPQH of the Law on Intellectual Property

Decree 105/2006/ND-CP

Why Register a trademark protection?

Trademark is a sign to distinguish goods and services of individuals and organizations. This is to show who is the producer or service provider.
According to the law, the NOIP will refuse to register if the mark is likely to make confusion with another mark.
Registering trademark protection helps enterprises prevent their rivals rom using that mark to profit from the registered trademark. In case that an enterprise intentionally trades potentially misleading products with the trademarked, the trademark owner can initiate a lawsuit to claim compensation.
One of the competitive advantages in today’s developed economy is that businesses can build their brand’s reputation. The registration of trademark protection for enterprises not only promotes brand promotion activities but also creates trust in relationships with customers. On the other hand, the enterprise also has a legal basis to protect its interests against the illegal use of that mark.

What is trademark registration under Vietnamese legislation?

Trademark registration is a procedure that individuals and organizations need to carry out to legalize their trademark ownership; and publicize their brand on the mass media.
Trademark registration is a method of publicizing a trademark. When a registered trademark is published, a large part of customers will access it. As a result, customers may identify your brand with the brands of other individuals and organizations.

Advantages of trademark registration

After trademark registration, the law will completely protect you. Therefore, no individual or organization has the right to use the same trademark as yours in the same line of business. This ensures your product is exclusive in the market and minimizes consumer confusion.
Trademark infringement acts in a variety of ways. The most typical is to use logos, equivalent trademarks in the same business line. If your trademark is unregistered, it will be very difficult for you to get your rights back. On the contrary, the registration of trademark protection will be a solid legal basis to combat the above behavior.
Where products on the market provide the same function, trademarked products are often preferred by customers. This is the general shopping psychology of customers because trademarked products will reduce counterfeiting. At the same time, the registration of protection shows the professionalism of the supplier.

How to register a trademark protection

Firstly, submit dossiers for trademark registration

  • The application can be submitted in person or sent by post to the headquarters of the National Office of Intellectual Property of Vietnam.

Secondly, examination of dossiers’ formality

  • In case the application conforms to the law, the NOIP shall issue a decision to recognize the application is legitimate;
  • In contrast, The NOIP issues a notice of its intention to refuse the application; which clearly states the reasons and lacks that cause the application to be refused. Within 2 months if the applicant fails to correct the omission; unsatisfactory correction; no objections; objection is unwarranted, the NOIP shall issue a decision to refuse the application.

Thirdly, Publication. After receiving a decision to accept the application; the application then will be published in the Industrial Property Gazette.

Fourthly, content examination of dossiers. This phase evaluates the protection ability of the object stated in the application according to the protection conditions; thereby determining the respective scope of protection.

Fifthly, decide to accept/refuse to grant a protection title.

Dossier for trademark registration under Vietnamese law

  • Declaration of trademark protection registration (including a list of goods and services bearing the mark) made according to the form No. 04-NH (02 copies);
  • Trademark sample (9 attached samples, in addition to 1 sample attached on the Declaration);
  • Documents proving the right to register (business registration certificate, agreement contract, confirmation letter, decision or establishment license, organization charter) (01 copy);
  • Power of attorney, if any (01 copy);
  • Documents of payment of state fees according to regulations (01 copy);
  • An application for registration of a collective mark or a certification mark. Also, there must 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, symbol, flag, badge of an agency or organization; certification mark, checkmark; warranty mark, character name, icons, trade names, indications of origin, awards; medals, or representative signs of products, signs of protection scope against other technological designs) (01 copy).

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Handling time for trademark protection registration

Under the provisions of the current Intellectual Property Law, the period of registration for trademark protection is usually from 12 months to 18 months, in which:
About 1 month to 2 months for receiving applications and appraising forms of trademark protection applications;
After about 2 months, the National Office of Intellectual Property announced the registration of trademark protection in the industrial property newspaper;
Finally, about 9 months to 12 months is the time for the National Office of Intellectual Property to consider and verify the contents of the application for protection registration, then grant the trademark protection title.

How long is the protection title valid for?

The trademark protection title is valid from the date of issue to the end of 10 years from the filing date. When it expires, the owner can extend it further, without limiting the number of extensions.

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