How to register trademark of goods in Vietnam?

Trademark registration is one of the basic steps for its owner to assert the occupation and strengthen its position in the market. This article below refers to the procedure to register trademark of goods in Vietnam.

>>> Read more: International trademark registration in Viet Nam

1. Who has the right to register trademark of goods?

According to Article 87 of IP Law 2005, the holders of the trademark-registered right should be its owner or not, including Vietnamese or Vietnam/foreign organizations/corporations.

2. Trademark registration application

Legal basis: IP Law 2005 amended and supplemented in 2009, 2019; Circular No. 16/2016 /TT-BKHCN.

– 02 trademark registration application form (followed the form No. 04-NH, A Appendix issued with Circular No. 16/2016/TT-BKHCN)

– 05 attached trademark samples. The attached trademark sample must be identical to the trademark sample on the registration form in both size and color

– Receipt of payment of trademark registration fees and charges

– In case a trademark registration application is filed through an industrial property representation service organization, a power of attorney is required

– If the trademark has been registered and granted a protection title in another country, it is possible to claim priority right. In this case, the trademark application needs to have additional documents proving the priority right.

3. Agencies receiving trademark registration application in Vietnam

Trademark registration applications are filed with the National Office of Intellectual Property. Address: No. 286, Nguyen Trai Street, Thanh Xuan District, Hanoi.

4. How to register trademark of goods in Vietnam?

– Step 1: Trademark research

This step is optional but necessary to identify whether your intentional trademark is available, or to check if there is any other identical or similar trademarks registered or filed in Vietnam National Office of Intellectual Property (NOIP). When receiving the trademark search result, you will decide to your trademark registration application immediately or amend the sample of your trademark.

– Step 2: File trademark registration applications

Trademark registration applications are filed with the National Office of Intellectual Property. Address: No. 286, Nguyen Trai Street, Thanh Xuan District, Hanoi.

Applicants may choose either of the following two forms to register trademark:

+ Submit applications online through the National Office of Intellectual Property’s online public service portal.

+ Submit paper applications directly or by mail service to one of the National Office of Intellectual Property’s receipt of applications.

– Step 3: Pay trademark registration fees and charges

Fees and charges for carrying out the procedures of trademark registration are specified in the Table of rates of industrial property fees and charges issued with Circular No. 263/2016 /TT-BTC, which stipulates the following levels:

+ Application fee: 150,000 VND

+ Trademark search fee: 180,000 VND /01 group of products (if required)

+ Assessing fee for trademark registration application:  550,000 VND/01 group of products (a group of 06 products)

+ From the 7th – product group onward: 120,000 VND for each product or service

+ Fee for granting a trademark protection certificate: 120,000 VND

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