What is the cost of trademark protection in Vietnam in 2022?

Currently, the issue of trademark protection is one of the most important issues. When individuals and organizations carry out trademark protection, in addition to the issue of how to pay attention to the order and procedures for performing such activities, the cost issue is also paid special attention. To answer this, today, LSX Lawfirm will give you an article about “What is the cost of trademark protection in Vietnam in 2022?”, as follows:

Legal grounds

Law on Intellectual Property 2005 amended and supplemented in 2019

In what order is the trademark protection done?

In order for the applicant to better understand the regulations related to trademark protection procedures in Vietnam (or according to the law, trademark registration procedures). However, in this article, Lawyer 247 would like to approach under the title “Trademark Protection Procedures” as in fact many people still approach this familiar way of calling.

Before filing a trademark application, the applicant can conduct a trademark search on the data of the National Office of Intellectual Property and the World Intellectual Property Organization. Search to evaluate the possibility of granting a protection title for the trademark (trademark) to be registered.

After looking up and evaluating the trademark capable of granting a protection title, the applicant proceeds to register for trademark protection according to the following steps:

Step 1: File a trademark registration application at the National Office of Intellectual Property

• Trademark registration applications can be filed at the National Office of Intellectual Property in Hanoi or the representative offices of the National Office of Intellectual Property in Da Nang and Ho Chi Minh City.
• After filing a trademark registration application, the Department will issue an application number and at the same time record the filing date of the trademark.
• The application number and filing dates are the most important legal basis for determining the valid application and priority date of the trademark application.
• The applicant will track the application process through the application number and filing date until the trademark is granted a protection title.

Step 2: Verify the form of the application for trademark protection

• The NOIP shall examine the application and issue a notice on the test results of the valid application within 1 to 2 months.
• At the end of the formal examination, the NOIP will issue a notice on the formal examination of the application.
• Examination of the form of the application ensures that the application has been properly declared, and identifies the right group of protection registration, and the legal status of the application owner.
• Formal testing is not yet the basis for identifying a trademark that has been granted a protection title.

Then Step 3: The NOIP publishes the application for trademark protection in the Official Gazette of the NOIP

Within 02 months from the date of notification of results of valid application testing, NOIP must carry out procedures to publish a trademark protection application in the Official Gazette of the NOIP.

Step 4: The National Office of Intellectual Property appraises the content of the trademark protection application

• The purpose of substantive examination of an application is to assess the protection ability of the object stated in the application under the protection conditions and to determine the corresponding scope (volume) of protection.
• Time to appraise the content of the brand: 09-12 months.
• During the substantive examination of the application, the applicant has the right to actively amend the application.
• The NOIP may request the applicant to correct the application, supplement documents or give explanations.
• When amending an application, the time limit for substantive examination is extended in proportion to the time limit for the applicant to perform such tasks.

Step 5: Notify the results of the content test for granting or not granting a trademark protection title

• In case the protection title granted, the applicant who pays the title granting fee within about 2 months will receive the trademark protection title.
• In case the application refused for granting a license, the applicant shall consider if it is not satisfactory to carry out the procedures to respond to the NOIP to discuss the possibility of granting his/her license.

And Step 6: Pay the fee for granting a protection title

If the trademark granted a protection title, the applicant shall pay a fee for the NOIP to grant a protection title for the registered trademark.

Step 7: The National Office of Intellectual Property issues a trademark protection title

Within 01-02 months from the date the application owner pays the fee, the National Office of Intellectual Property issues a protection title for the trademark.

What documents are required for trademark registration?

According to regulations, the procedure for trademark protection registration carried out as follows: it is necessary to prepare 01 sets of documents including:

• Information of the applicant: full name, address, nationality.
• Logo description (brand): meaning, color, translation from the foreign language into Vietnamese if the mark has foreign words
• The list of branded goods and services has grouped according to the international classification list.
• Power of attorney for attorney
• Copy of business registration for product grouping
• Brand model: 09 models
• The time to granted a certificate of registration of trademark protection is 12 months. This divided into phases: 01-month formal appraisal phase; publish in the intellectual property Official Gazette for 2 months; the content appraisal period is 06 months, then if there is no objection, the registered trademark will granted a trademark certificate within 01 months.

Cost of trademark protection

Pursuant to Circular 263/2016/TT-BTC stipulating the rates, collection, payment, management, and use of industrial property fees and charges dated November 14, 2016, effective from January 1, 2016. January 2017 then.

Then the cost of filing a trademark registration application in 2020 for each ordinary trademark registration application is as follows:

(Registration for protection for a group of goods and services including 06 products and services):

• Application fee: 150,000 VND/application;
• Content appraisal fee: 550,000 VND;
• Search fee for brand appraisal service: 180,000 VND;
• Certification fee: 120,000 VND;
• Registration fee: 120,000 VND

For an application for registration of trademark protection including many groups, products, goods, and services:

Fees for substantive examination of trademark protection applications:

Firstly, For each group of products/services registered for protection: VND 550,000;

Secondly, For each group of products/services Search fee for brand appraisal: is VND 180,000;

Thirdly, For each group of products/services registered for protection: VND 180,000;

Finally, For each group of products/services registered for protection with more than 6 products/services registered, an additional fee must pay for each product/service from Saturday onwards.

Certification fee: 120,000 VND;

Registration fee: 120,000 VND;

Note:

Above is the cost of trademark registration for an application with a group of industries. In cases where it is necessary to examine the priority claim or transfer the application, the Owner must pay an additional fee then.

In case the application owner files through the Intellectual Property Representative, there will be a separate service fee!

Trademark registration service of LSX Lawfirm

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 in particular. Therefore, it has created unnecessary losses and risks such as:

• Firstly, The business market is always a highly competitive, high-risk market. The delay in the process of trademark registration will make the brand possible to copy and take advantage of by competitors.
• Secondly, 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.
• Thirdly, When using the service, lawyers can advise, exchange and support customers in the best way. Contribute to the smooth, fast and efficient registration process.

So to avoid unnecessary risks, use our trademark protection registration service. LSX Lawfirm with many years of experience in the field of intellectual property committed to bringing satisfaction to customers.

Benefits LSX Lawfirm brings to customers

1. Firstly, Using our trademark registration service guaranteed to help you prepare effective legal documents. You don’t need to do the paperwork yourself.
2. Secondly, Using the trademark registration service of LSX Lawfirm will save you time. You will not have to waste time preparing the application; submitting the application or receiving processing results. At those stages, we will help you do it smoothly.
3. Thirdly, Service costs are what customers care about. But, don’t worry, because the price we offer guaranteed to suitable for each specific case. Helping you to save maximum costs when using our services.
4. Finally, please refer to our service price list. Please refer to the table of our trademark and trademark registration services below

Related article

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• Is it possible to issue an invoice for each payment in accordance with Vietnamese law?
• Should register for logo protection as trademark or copyright in Vietnam

Related questions

Contact LSX Lawfirm

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