Required trademark registration documents in Vietnam
- 02 Declaration for registration which are typed according to form No. 04-NH Appendix A of Circular No. 01/2007/TT-BKHCN;
- In addition to the mark specimen attached to the written declaration, the application must be enclosed with 05 identical mark specimens that satisfy the following requirements: a mark specimen must be clearly presented with the dimensions of each element of the mark ranging between 8 mm and 80 mm, and the entire mark must be presented within a mark model of 80 mm x 80 mm in size in the written declaration;
- Trademark owner’s information such as Enterprise Registration Certificate or Passport;
- Goods and/or services with trademarks;
- Other documents (if any).
Trademark registration receiving offices in Vietnam
Trademark registration receiving offices in Vietnam is the Intellectual Property Office of Vietnam, which is known as the National Office of Intellectual Property (NOIP). This office is also responsible for granting protection titles examining.
NOIP’s Head Office places in Hanoi city and Representative Offices are in Ho Chi Minh city and Da Nang city.
Particularly:
- Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
- Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17-19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
- Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son district, Da Nang city.
Term for processing trademark registration applications
According to the provisions of the Intellectual Property Law, the total time for examination of a trademark application is 12 months (from the filing date). However, upon Vietnamese trademark practice, it may take longer from 14 to 18 months from the filing date.
Formal examination of trademark registration applications
After receiving trademark registration applications, NOIP shall examine the formality of applications within 1 month from the filing date. Applications will be examined if they are valid for the formality or not throughout criterions such as mark specimens, applicant’s information, classify,…
If applications are formally valid, NOIP issues notices of acceptance of valid applications;
If applications are formally invalid, NOIP issues a notice of intended refusal to accept valid applications. Notice clearly states reasons and sets a time limit (2 months) for the applicant to correct errors or to object to such intended refusal.
In case the applicant fails to correct errors, improperly corrects errors, or fails to make a justifiable objection to such intended refusal, NOIP shall issue a notice of refusal to accept valid applications.
In case the applicant properly corrects errors or makes a justifiable objection to the intended refusal to accept the valid application, NOIP shall issue notices of acceptance of valid applications.
Publication of trademark registration applications
From the date such application is accepted as being valid, the trademark registration application shall be published within 2 months in the Official Gazette of Industrial Property.
Examination of trademark registration applications
According to the law, a trademark registration application shall be substantively examined within 9 months from the date of publication of the application.
NOIP shall examine and evaluate the trademark if it is able to be granted protection titles or not, some reasons that make the trademark unable to be granted protection titles such identical or similar to a previously registered trademark, the descriptive trademark of products/services,…
In case the trademark meets the granting of protection title conditions, NOIP shall issue a notice of intended grant of protection titles. The applicant must pay the official charge for grant protection titles within 3 months from the date of that notice. In case the trademark does not meet the granting of protection title conditions, NOIP shall issue a notice of intended refusal to grant protection titles (clearly stating the reasons). The applicant’s objection to such intended refusal is made within 03 months from that notice.
Term of protection of trademark in Vietnam
Trademark shall have a validity of protection starting from the grant date and expiring at the end of 10 years after the filing date. It may be renewed for many consecutive terms, each of 10 years.
The scope of protection of trademark
Throughout the Vietnamese territory
Difficulties when applying for trademark registration in Vietnam
One of the obstacles and difficulties, when enterprises take trademark registration is administrative procedures with state agencies and professional problems.
For normal enterprises, it will take a lot of time to learn the legal provisions on trademarks, forms, how to declare dossiers, sign documents, attached documents, the application process, track applications, and promptly respond to results from the NOIP about trademarks registration applications.
The important thing for trademark registration is to search and evaluate the protective ability of trademarks before registering. Searching to some extent helps to find out if the trademark has been registered or not, or containing signs that are not protected by regulation, etc…
The above problems often cause enterprises to spend a huge amount of time, costs a lot of money, and personnel in charge of implementation but the results are not as expected.
From the above factors, registration services provider units were born to give enterprises more options when needed. Monday Vietnam is a leading unit providing consulting services to protect intellectual property rights.
The service process of trademark registration from Monday Vietnam
- Checking the legal elements of documents and information.
Checking the legality of documents about the applicant, documents, and information related to the trademark/logo creation process…
- Searching and comprehensively evaluating the protection of the trademark before drafting the dossier.
Searching for trademarks in domestic and international databases to basically compare and evaluate the ability to be identical or similar to other previously registered trademarks or not?
Evaluating trademarks in conditions of protection such as distinguishability, signs that are not protected by regulation, etc…
- Consulting and offering the optimal protection plan for clients and cost savings.
Notifying clients of search results and consulting on protection plans in clear and detailed writing. In it, give analytical opinions and recommendations on protection options.
- Declaring dossier and submitting applications for trademark registration.
Drafting, declaring dossiers according to regulations, and submitting them on behalf of clients.
- Tracking the application and assisting clients in responding to NOIP.
Tracking the application process to be examined by NOIP and inform clients. At the same time, consult and assist clients in responding to NOIP’s notice.
Why choose Monday Vietnam for the trademark service?
Monday Vietnam is the most prestigious unit in consulting on establishing protection rights. Up to now, we have successfully represented and consulted for many clients, with a huge number of registration applications for the intellectual rights establishment have been submitted in Vietnam and abroad, and many corporates have been established and operated securely.
Monday Vietnam, with a team of experts and lawyers who are experienced in the field of intellectual property and corporate law, has been educated and graduated from many prestigious universities such as the Ho Chi Minh City University of Law, University of Economics and Law, Judicial Academy, etc…
We will provide you with:
- Strategic overview of your trademark protection;
- Cost and time-saving trademark registration solutions;
- Transparent, honest, professional, and dedicated service;
- Security commitment of your information.
Trademark registration fee from Monday Vietnam
The trademark registration fee is the fee that the applicant has to pay to the NOIP or the service company when they submit the application for trademark protection on behalf of clients. This fee is based on the number of products/services groups and the number of products/services in each group.
- Service fee for trademark registration
The basic package cost for trademark protection registration is 3,800,000 VND (VAT excluded), this fee includes the fee for searching and evaluating the protection ability of the mark, service fee, official charges for filing an application, tracking fee, and responding fee to NOIP’s notice. Depending on the scope of protection of the trademark there will be a specific corresponding fee, the wider the scope of protection of the trademark (it means protection of many industries, products, and services), the registration fee will increase accordingly.
- Official charge for grant protection titles
The applicant just pays the official charge for grant protection title when NOIP issues a notice of intended grant protection title. This official charge is also based on the number of products/services groups. The basic official charge is 360.000 VND/group.
