Guide to register trademark

The following articles shall comprehensively guide to register trademark in Vietnam which the applicant should note prior to officially filing trademark registration applications at NOIP.

Read more: Can foreign company register trademark in Vietnam?

Trademark registration applications

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.

 

How to register trademark 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

 

Timeline for Obtaining a Certificate of Trademark Registration

Legal basis: IP Law 2005 amended and supplemented in 2009, 2019; Circular No. 01/2007/TT-BKHCN, amended and supplemented in 2015

1. Formality examination: examine whether the application complies with formal regulations or not. The duration is 01 month from filing date before NOIP issues its decision on formality acceptance of application

2. Application Publication: upon formality acceptance, trademark registration application shall be published on the IP Gazette in a period of 02 months counting from the date of decision on formality acceptance of application

3. Substantive Examination:the examination is conducted by NOIP in 9 months commencing from the gazetted date;

4. Statement of Grant of Protection:within 15 days from the date the applicant submits all the fees and charges in full and on time, the NOIP shall carry out the procedures for granting protection titles

To sum up, where trademark registration application goes smooth, it takes about 13-14 months counting from the filing date to receive a certificate of registration.

 

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