How to protect trademark in Vietnam: Key notes to trademark protection in Vietnam

Trademark protection in Vietnam involves several steps designed to ensure that trademarks are unique and do not infringe on existing marks. Understanding and following these trademark procedures in Vietnam can help streamline the process and protect trademarks effectively.

Conducting a Trademark Search in Vietnam before officially filing a request for trademark protection in Vietnam

Before deciding to file application for protecting trademarks in Vietnam, it is advisable to conduct a thorough search of existing trademarks. This search can be done through the databases of the Intellectual Property Office of Vietnam (IPVN) and the World Intellectual Property Organization (WIPO) or ASL’s service. Conducting this search has multiple benefits:

1. Avoiding Infringement: Ensures that your trademark does not infringe on existing trademarks in Vietnam, avoiding legal disputes and potential costs.
2. Assessing Eligibility: Helps determine the likelihood of your trademark being granted protection, saving time and money in the application process.

Contact ASL for Filing Trademark in Vietnam:

Email: [email protected]

WhatsApp/WeChat: (+65) 8749 6692

Steps for protection of trademark in Vietnam

Step 1: File a Trademark Application in Vietnam

This is the first process to protect a trademark in Vietnam. Vietnam Trademark applications must be filed at the IPVN in Hanoi, or at representative offices in Da Nang and Ho Chi Minh City. Upon filing, the Department issues an application number and records the filing date. These details are crucial for establishing the legal basis and priority date of the application. Applicants can track the status of their application using these identifiers until the trademark is granted protection.

Or ASL under the authorization of the applicant can draft, prepare, and file the application to protect a trademark in Vietnam.

Step 2: Formality Examination of Trademark Application in Vietnam

After receiving the application for trademark protection in Vietnam, within 1 month the IPVN conducts a formal examination of the trademark application to evaluate its validity. This process typically takes one month from the filing date. If any documents need correction or supplementation, the applicant is given a specified period to make these adjustments, which may extend the formality examination timeline.

Step 3: Publication in the Official Gazette

Within two months of the application being accepted as formally valid, it is published in the Industrial Property Official Gazette. This publication invites opposition and comments from third parties, and the applicant must pay a publication fee.

Step 4: Substantive Examination

The substantive examination assesses the eligibility of the trademark for protection based on the claimed objects and scope. This examination is carried out by IPVN examiners and takes up to six months from the date of publication. If the applicant needs to correct or supplement documents, the substantive examination period may be extended accordingly.

Step 5: Notification of Substantive Examination Results (an important step to protect a trademark in Vietnam)

At the end of the substantive examination period, the IPVN notifies the applicant of the results, which could be:

1. Intended Refusal: If the trademark does not meet protection conditions, a notice of intended refusal is issued, specifying reasons and giving the applicant two months to respond.
2. Intended Grant with Corrections: If the trademark meets protection conditions but has errors, a notice of the intended grant with required corrections is issued, giving the applicant two months to make necessary corrections.
3. Intended Grant: If the trademark satisfies all conditions, a notice of intended grant and a request for payment of the registration fee are issued.

Step 6: Payment of Fees

Upon receiving the notice of the intended grant, the applicant must pay the required fees which is a must procedure to protect a trademark in Vietnam. The IPVN then proceeds with the procedures for granting the Trademark Registration Certificate.

Step 7: Issuance of the Trademark Registration Certificate

Within ten days after the applicant pays the fees, the IPVN grants the Trademark Registration Certificate, officially protecting a trademark in Vietnam.

Scope of Trademark Protection in Vietnam

Trademark registration in Vietnam can cover multiple classes of goods and services according to the Nice Classification. The registration fee is calculated based on the number of classes registered; hence, registering more classes increases the fee. Applicants should carefully determine the scope of their trademark to optimize costs which is very important to protect trademarks in Vietnam.

Once a trademark is registered, the owner cannot add new goods or services to the existing registration. New products or services require a new application. Companies can register multiple trademarks without restrictions.

After receiving a protection title, the trademark owner must use the trademark continuously for five years. Failure to use the trademark can result in termination of the protection title at the request of other parties.

Contact ASL for Filing Trademark in Vietnam:

Email: [email protected]

WhatsApp/WeChat: (+65) 8749 6692

Term of Trademark Protection in Vietnam

In Vietnam, a trademark protection title is valid for ten years from the filing date. This term can be renewed indefinitely as long as the renewal process is followed correctly. Renewal applications should be submitted within six months before the expiration of the current term. If delayed, renewals can still be processed within a six-month grace period, though additional fees.

Renewal Process

To renew the validity of a trademark protection title, the holder must file a request and pay the renewal fee. The required documents include:

1. Declaration Requesting Renewal: Form 02-GH/DTVB as per Appendix C of Circular No. 01/2007/TT-BKHCN.
2. Original Protection Title: If the renewal is to be recorded on the original document.
3. Power of Attorney: If the renewal request is filed through a representative.
4. Receipt of Fees: Proof of payment of all required fees.

The IPVN examines the renewal request within one month. If the request is valid, a decision on renewal is issued, registered, and published in the Industrial Property Official Gazette. If invalid, the request is rejected for the reasons stated.

Protecting trademarks in Vietnam involves a structured process of searching, filing, examining, and maintaining trademark registration in Vietnam. By understanding and adhering to these trademark procedures in Vietnam, applicants can ensure their trademarks are legally protected, avoiding potential infringements and securing their brand’s identity in the market. Regular use and timely renewals are essential to maintaining this protection indefinitely.

*** After more than 10 years of operation, ASL has been ranked as the top-tier IP Firm for years by Legal500, AsiaLaw, and WTR. We have been well known for OneTouch of IP protection in more than 27 countries with Budget savings from 15-35%. The more clients file trademark, patent, and industrial designs through ASL, the more savings our clients receive.