How To Register A Trademark In Vietnam Updated For 2023

How to Register a Trademark in Vietnam - Step by step guide 

Do you want to protect your brand in Vietnam? Are you looking for information on how to register a trademark in Vietnam ? In this blog post, we will provide all the information you need to know about registering a trademark in Vietnam. We will discuss the process, what is required, and how to search for trademarks in Vietnam. So whether you are just starting out or have been operating in Vietnam for some time, read on to find out everything you need to know about trademarks in this country!

What is a Trademark?

A trademark is a symbol, name, or slogan used to identify and distinguish a product from other products. It can also be an indicator of the origin of a product or service. A trademark is an important way to protect your brand and business in any country, including Vietnam.

Importance of Trademarks in Business

Trademarks are more valuable than the tangible assets of any given enterprise. According to 2020 statistics, some renowned global brands have been found to possess astonishingly high brand value.

Take, for instance, Apple's trademark which is worth a staggering $323 billion - the highest among all. In contrast, Amazon and Microsoft have trademarks that are valued at around $200 billion and $166 billion respectively. Google and Samsung also follow with their respective brand values of$165 billion and 62 million USD. Even some of the most popular companies like Coca-Cola ($57 Billion) and McDonald’s($43 Billion) lag behind them in terms of value.

Benefits of Trademark Registration

Trademark owners when registering will get the following benefits:

Establish Your Trademark Ownership

Protect your brand identity with trademark ownership. Immediately lock in exclusive rights to use a unique symbol, name, or slogan associated with your business when you apply for a certificate of registration - securing priority from the date of application.

Create a Trademark Protection Mechanism

Protect your brand by creating a trademark protection strategy. This will help ensure that no other party misuses or abuses it, and guards you from any potential violations of your legal rights. Invest in the security of knowing that your mark is secure-establishing effective trademark protections can give you peace of mind.

Develop a Reputable and Sustainable Brand

Developing a trademarked, reputable brand is key to securing trust with distributors and creating sustainable relationships that help businesses reach the next level of success. With Trademark expertise, your business can gain industry recognition along with some of the biggest names in the business - Samsung, Google Coca-Cola, Apple, Microsoft, Viettel, Vingroup, Hoa Phat, etc. - ensuring lasting professionalism and prestige for years to come.

Economic Benefits

Trademark registration provides invaluable cost savings and potential financial rewards. For a nominal fee, organizations can secure the advantages of registering their trademarks to prevent costly disputes down the line - creating an asset that may one day exceed its value in goods or services.

Vietnam Trademark Search

Before you register a trademark in Vietnam, it is essential that you perform a trademark search to make sure there are no similar existing trademarks already registered in the country. The Vietnam Intellectual Property Office (VIPO) provides an online trademark search tool that can be used to check the register for any existing trademarks.

Using this tool, you will be able to see if there are any similar or identical trademarks already registered in Vietnam. If there are, then you may not be able to register your own trademark and have it accepted by the register.

Benefits of trademark search

• Securing successful trademark registration is an essential step for businesses looking to gain protection over their brand or logo. The process begins with filing a registration application, which must then be followed by conducting a thorough trademark search procedure. Once these steps are completed, the enterprise may officially register its mark and receive an official protection title from the local government body that handles trademarks.

• The trademark search assesses the eligibility of your mark to be registered by comparing it to other marks of a similar type already recorded in the Intellectual Property Office records.

• Following the completion of a trademark search, an applicant must determine whether to pursue registration of their sought-after mark.

• A trademark search is essential in deciding if a mark can be protected under the appropriate laws.

• If it is established that the mark is not likely to be approved for a registered trademark, the owner should consider making modifications in order to gain exclusive rights.

• A trademark search expedites the process, but unfortunately does not always generate the desired outcomes for applicants.

How to Search for a Trademark in Vietnam

If you'd like to verify the security of a trademark, don't worry - it's easy! All you need to do is access the Intellectual Property office's online industrial property database and conduct your own search.

Step 1: To access the National Office of Intellectual Property or World Intellectual Property Organization, simply click on one of these links:

http://www.iplib.noip.gov.vn/WebUI/WSearch.php Or http://wipopublish.noip.gov.vn

Step 2: Input the trademark information to locate it. The sought-after trademark or protected slogan will be displayed on this page.

To ensure that your trademark is legally protected, it's essential to provide the following information:

• Trademark search: enter the trademark name

• Product/service group

• Image classification

• Name of product/service

For registered trademarks

In addition to the information provided above, incorporating a few of the details below will expedite your search:

• Identify the Intellectual Property owner: determine who holds the rights to the trademark.

• Application number

• Applicants

• Date of application

• License number: look up the certificate of protection

The Trademark Registration Procedures in Vietnam

Step 1: Receive the application

Applying for a patent can be done either by visiting the NOIP's headquarters in Hanoi or one of their two other representative offices located within Ho Chi Minh City and Da Nang.

Step 2: Verify the application form.

• To determine if the application is valid, examine that it complies with all regulations outlined in its form. Based on this examination, you will have to make a decision - either accept the valid application or deny its acceptance.

• Upon validating the application, the NOIP will issue a positive decision to accept it.

• If the application is invalid, then the NOIP will inform of their intent to reject it with a clear explanation of why and what omissions led to its rejection. Furthermore, they shall give the applicant two months' time to comment or make corrections in order for it to be accepted.

• If the applicant doesn't rectify or inadequately corrects their omissions and has no objections or unjustifiable grievances regarding the application, then the NOIP will be forced to deny acceptance of the said application.

Step 3: Announce the application

Once a valid application has been accepted, it will be officially announced in the Industrial Property Official Gazette.

Step 4: Verify the content of the application

Establishing the safeguard ability of the item stated in the application based on established safeguards, thus deciding its applicable security perimeter.

Step 5: Make a decision to grant/refuse to grant a protection title:

• Should the object specified in the application fail to meet the eligibility criteria for protection, NOIP will formally deny your request for a protection title.

• If the object in question meets all of the qualifications for protection, and fees & charges are paid without delay, NOIP will issue a decision granting a protective title to be recorded in writing. The national register of trademarks as well as Industrial Property's Official Gazette will both carry these notices.

Documents to Prepare for Registering Trademark in Vietnam

If you are applying for a collective mark registration, it must include the following components:

• The regulations on the use of collective marks/certification marks (Original: 1, Copy: 0)

• A description of the characteristic (or particular) nature and quality of the product bearing the mark (if the registered mark is a collective mark used for products of particular nature or is a quality certification mark, the quality of the product or as a mark of geographical origin) (Original: 1, Copy: 0)

• A map of the geographical area (if the registered mark is A mark certifying the geographical origin of a product, or a collective mark, a certification mark containing a place name or other sign indicating the geographical origin of a particular local produce) (Original: 1, Copy: 0)

• A document of the People's Committee of the province or centrally run city allowing the registration of the mark (if the registered mark is a collective mark, a certification mark containing a place name, or another sign indicating geographical origin) of local specialties) (Original: 1, Copy: 0)

• Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property). (Original: 0, Copy: 1)

• Power of Attorney document (if applying through a representative) (Original: 1, Copy: 0)

• Documents proving the right to register if the applicant enjoys the right to register from someone else (Original: 1, Copy: 0)

• A declaration form (Original: 2, Copy: 0)

• Trademark sample (05 samples of size 80 x 80 mm) and list of goods and services bearing the mark  (Original: 1, Copy: 0)

• Document proving the right of priority, if claiming priority (Original: 1, Copy: 0)

How to Register a Trademark in Vietnam Updated for 2023

Vietnam trademark registration time is about 12-18 months from the date of acceptance of the valid application. Term of trademark protection: Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection titles and there is no limit on the number of renewals. Therefore, the trademark will be an asset throughout the operation and business process of the enterprise.

In order for a trademark to be granted an exclusive protection title, the procedure for filing a Vietnam trademark registration application is carried out through the following steps:

Step 1: Choose a Consultant

• When conducting trademark searches and registration, the selection of a consulting unit is very important.

• Not every law firm or consulting unit is an Intellectual Property Representative.

• The consulting units that are Intellectual Property Representatives are really the units with the expertise and experience to advise and best evaluate the possibility of successful trademark registration.

• Intellectual Property agents will assist in solving problems arising from objections and rejections of customers' applications during the process of filing a trademark registration application in Vietnam.

• An intellectual property representative organization has the function of signing applications on behalf of the application owner and representing the application owner to work with the NOIP to ensure maximum benefits for customers.

LHD Law Firm is an Intellectual Property Representative organization, so customers will be guaranteed all rights when using our trademark registration service.

If you are an individual, foreign organization, or enterprise looking to register a Trademark, the only way to make your application is through Intellectual Property Agents.

LHD Law Firm provides professional Intellectual Property Representation for individuals, organizations, and foreign enterprises seeking trademark registration. Our experienced team of agents is ready to guide you through the process from start to finish - helping ensure a successful outcome.

Step 2: Select a Brand and Products and Services for the Brand

Trademark selection:

Select a trademark template that meets the protection criteria. The selected mark is not similar to other registered trademarks, or well-known trademarks, trademarks are descriptive signs that are not capable of granting protection.

Select the list of registered products:

You need to select the list of products and services bearing the trademark according to the above instructions. The grouping of products and services needs to be carried out according to the International Classification of Nix trademarks.

Step 3: Do a Trademark Search

• If you're searching for trademarks, there's no need to spend time and energy trying to find a source. Conveniently access all the necessary information from the Vietnam government website: https://ipvietnam.gov.vn/ or WIPO's page - giving customers full control over their trademark search process.

• After customers submit their trademark, list of products, and services, our preliminary search is completed within one day.

• After a thorough inspection of the trademark, there is potential for it to be registered. Although not mandatory, it's advisable that an extensive search be done in order to maximize chances of success and conserve time. This will then allow trademark owners insight into which direction they should take with obtaining protection title.

• It is up to the applicant whether they wish to partake in this thorough review process, yet it should not be taken lightly. Completing an intensive search of similar trademarks is a critical step in determining if protection for your trademark should be sought after.

• While the trademark search is only for informational purposes and doesn't determine if a diploma should be issued, it plays an important role in determining priority when making registration requests.

Step 4: Submit the Trademark Registration Application Form

After carrying out an extensive search, if the mark is deemed eligible for registration, then the applicant must proceed to submit a registration application. Upon successfully submitting their request and providing all necessary documentation, they will need to pay the appropriate fee in order to secure their place in line. The fees are as follows:

The Application Fee for 01 Group of Products and Services

If your application contains a single set of products or services, with no more than six items in each group:

• Application fee: 150,000 VND/application;

• Content appraisal fee: 550,000 VND;

• Search fee for trademark appraisal: 180,000 VND;

• International grade fee: 100,000 VND;

• Priority right appraisal fee: 600,000 VND;

• Certificate fee: 120,000 VND;

• Trademark announcement fee: 120,000 VND;

• Registration fee: 120,000 VND;

The Application Fee for Many Groups of Products and Services

• For each additional group of protection products/services, the certification fee increases: to 100,000 VND;

• For each group of products/services registered for protection with more than 6 products/services registered, additional fees must be paid for each product/service from Saturday onwards plus:

  • Content appraisal fee: 120,000 VND

  • International classification fee: 20,000 VND

  • Search fee for trademark appraisal: 30,000 VND.

To submit, process, and collect registration fees for dossiers in Vietnam, contact the Vietnam Intellectual Property Department.

How to Define and Group Products and Services for Your Brands

Properly classifying goods and services under the Nix Classification when registering a trademark is key. Each registered marker corresponds to a specific product or service category, so effective organization based on expert knowledge of trademarks is essential for the successful grouping of marks. Therefore, it's critical that you keep in mind:

• All trademarks are classified according to the International Classification of Trademarks.

• Nearly all countries in the world utilize this classification system for their trademark registrations.

• Of all the various goods and services available in the market, Nix Brand Classification only has 45 groups. 34 of these are for tangible items while 11 comprise services. This makes it easier to classify what type of product or service customers will be received quickly and efficiently.

• Unlike the industry code listed on the Certificate of Business Registration, a grouping of marks is used instead.

• In Vietnam, companies must pay a registration fee depending on the scope of their goods and services. If you are looking to register your mark for multiple groups of products or services, be aware that the cost will rise with each additional classification.

• Obtaining a trademark for your goods and services is fundamental if you want lasting protection.

Step 5: Verify the Application Form

• You have one month from the filing date to formally assess your trademark application. Make sure you act within this timeframe in order to ensure a successful examination and registration of your trademark.

• The NOIP will examine the application's form, label form, filing rights, subheadings, and other components to determine if it meets eligibility requirements.

• Should the enterprise's registration application meet all necessary criteria, then the NOIP will release a Notice of Acceptance to declare its validity and advertise it publicly.

• In the event that the application fails to adhere to standards, the National Office of Intellectual Property will issue a notification refusing acceptance and require necessary corrections. Afterward, present a revised official documentation along with an additional fee if your group is miscategorized. The enterprise's manager or their representative must make these amendments as requested by NOIP.

Step 6: Publish the Application

• You have a mere two months from the date of notification that your trademark application has been accepted to get it published.

• This announcement provides all the details necessary for a successful application, including an outline of qualified applications, trademark examples, and a comprehensive catalog of merchandise and services.

• The National Office of Intellectual Property and the Industrial Property Official Gazette's website is where this publication form can be found.

Step 7: Verify the Content of the Application

• The period of substantive examination for all applications is 9 months from the date of publication.

• After a thorough examination of the criteria for trademark registration, the National Office of Intellectual Property will assess whether an applicant is eligible to receive a degree. If all conditions are met, then NOIP will issue a Notice that notifies applicants their mark has been granted trademark protection title.

• If the application does not meet the necessary requirements, then the National Office of Intellectual Property will issue a notice of refusal. It is up to the trademark owner to consider this decision and submit an appeal with written justification for why their mark should receive protection. In their response, they must explain why granting them a title would be suitable in this case.

Step 8: Pay the protection title fee

Upon notification of the pending issuance of a protection title, it is necessary for the applicant to disburse fees associated with that grant.

• Certificate fee: 120,000 VND.

• Registration fee: 120,000 VND;

• Publication fee: 120,000 VND;

• For applications that contain multiple categories of products and services, the fee for the license will be augmented by 100,000 VND per group.

Step 9: Issuing Trademark Registration Certificate

• After the trademark owner has completed payment of the diploma tripping fee, NOIP will bestow trademark protection titles within a period of two to three months from when this payment was made.

Some Notes to Keep in Mind When You Register Trademark in Vietnam

It is paramount to gather all the information regarding trademark registration. This includes elements associated with your trademark, as well as its identity in comparison to other marks. All of these components come together to form a cohesive body that will secure successful trademark registration for you. 

When registering a trademark, it is essential to ensure that the trade name, domain name, copyright, and positioning sentence of the mark are identical for optimal protection. Furthermore, understanding and following priority when registering your trademark will also be paramount to successful registration.

The synergy between a business' trademark and trade name is essential for establishing its identity.

• In order to ensure maximum brand recognition, the trademark should always align with the company name. For example, when Viet An registered its trademark and named LHD Law Firm as its business entity - both names were synonymous.

• When the brand name and company name are identical, competitors will be unable to register their trademarked trade names. Even though trademarks have been bestowed a protection title, the trademark owner won't be able to take action against any violations.

• Under no circumstances can trademark owners demand that their rivals cease employing a trading name, as the rival was given permission to claim said name prior to the trademark holder obtaining theirs.

Consistency between trademark and domain name

• When it comes time to register your trademark, the name of your company (trade name) may not be identical to that of your registered trademark. In this instance, you can then choose to secure a domain ending in the same brand name. However, if conducting business in Vietnam specifically, you should also consider registering an additional ".vn" domain as well.

• Creating a trademark can be an extensive and lengthy process, but after their Protection Title is granted, the rightsholder has the privilege to request that any infringers cease all activities involving their mark. This includes acts such as: (1) When competitors infringe upon a registered trade name, they must immediately stop their illegal activities. (2) Competitors are no longer infringing upon domain names.

To ensure consistent branding across all platforms, trademarks should be presented using both visuals and text.

• For logos with the same trademark information, but not yet registered under the company's trade name. With the help of artful design applications, your trademark will become instantly recognizable to customers.

• For trademark owners who don't require domain name registration, they should instead register copyright. This is comparable to registering trade names and domain names alike.

• The outcome: The trademark owner is bestowed with a protection title and the authority to take action against any violations pertaining to commerce, domain names, and similar activities.

Notes about brand colors

• Vietnam's intellectual property law does not explicitly state the color of trademarks, making it hard to decide which type of registration - black-and-white or absolute color - has more ownership. However, in Vietnam, a trademark registered with only black and white can be used in any other different colors without infringing on another person’s rights for either their own black-and-white or colored mark. The basic text/image content remains unchanged by varying the hue.

• In Vietnam, registering a trademark in black and white is more beneficial than submitting it as a dark color. Not only will this be optimal but also cost-effective compared to other options.

Crafting a memorable brand image, logo, text, and positioning sentence (slogan) is essential for an effective marketing strategy.

• Registering an image trademark, also known as a logo, is the perfect way to protect your brand identity. Whether you choose to register it independently or with text and positioning sentences - registering that mark will safeguard what makes your business stand out from competitors.

• When registering a trademark, you have the power to select from an array of mark types - such as lowercase or stylized letters. With the correct choice, your business can better cement its identity and build recognition with consumers.

Notes on precedence

• The right of priority will dictate whether or not other trademark owners can obtain a Trademark Registration Certificate.

• In accordance with Intellectual Property Law and related international agreements, any applications that have matching trademark objectives must be made by different owners. Applicants have multiple filing options. For instance, some can file in Vietnam while others may choose the international application scheme. The latter option grants an additional six months from the date of filing when the application is returned to its origin in Vietnam. Consequently, the regulations do not state that applicants will be processed in Vietnam based on a first-come-first-serve basis.

• Affirmation of a trademark is never guaranteed, even after the search and filing for registration process have been completed. Despite how thorough an application may be, there is no guarantee that it will receive protection from the legal system.

Some Notes When Designing, and Choosing Brands

• To guarantee the possibility of exclusive ownership of your trademark, it is important to make sure your brand stands out from competitors. Brand owners must create unique and recognizable brands that can confidently be claimed as their own.

• Trademarks are an amalgamation of visuals and words. Consequently, when the mark is made up exclusively of text, it should be styled in a manner that qualifies for protection upon registration.

Conclusion

Registering trademarks in Vietnam requires a large amount of preparation and accuracy. With the right knowledge, brand owners can register a successful trademark that will stand out from competitors while simultaneously providing protection against infringements. The process may be lengthy but it is beneficial for businesses who wish to register their marks with the Vietnam Intellectual Property Office for national and international recognition. If you are unsure which type of registration is best for you, it is important to seek advice from a trademark expert. Good luck!  You are now equipped with the necessary knowledge to register a successful Vietnam trademark.