#1. Step 1: Search for the possibility of trademark registration
#2. Step 2: File the trademark application
#3. Step 3: Follow up trademark registration records at the National Office of Intellectual Property
#4. Step 4: Grant protection certificate or respond to the refusal notification
#5. Step 5: Renew the validity of the trademark registration certificate
Registering a trademark in Vietnam gives individuals and organizations the exclusive right to use the brand in business and distribution of goods. This article advises on the accurate and quick process of exclusive trademark registration.
With a large population, Vietnam is one of the destinations for foreign investors as well as many foreign brands that are also interested in the Vietnamese market. To invest in as well as bring goods and services to the Vietnamese market, one of the top concerns of businesses with products, goods and services is to register a trademark in Vietnam.
Subjects with foreign elements can only file through an Intellectual Property Representative Organization in Vietnam to apply for registration of establishing trademark rights.
Note: Foreign individuals and organizations that are rights holders to geographical indications in accordance with the laws of the country of origin have the right to register such geographical indications in Vietnam in their trademark registration applications. Compared with the application for registration of a geographical indication of a Vietnamese organization or individual, a foreign organization or individual needs to have documents proving that the geographical indication is being protected in the country where the geographical indication is located. if it is a geographical indication of a foreign country.
Trademark registration is necessary when doing business in Vietnam
In the era of economic integration, many foreign enterprises are also actively investing in Vietnam. These enterprises are very interested in the protection of trademarks and trademarks in Vietnam. Therefore, the registration of a trademark for a foreigner will help your company or business be recognized with the exclusive rights to the trademark and prevent unfair competition acts of other subjects.
The registration of foreign trademarks in Vietnam has also been facilitated by the state and law of Vietnam for businesses with the hope that this country will develop more and more. The registration of a foreign mark, also known as an international trademark registration, will help your company protect your logo, product name, or any other sign that distinguishes products and services between them. individuals or organizations, or in other words it is considered a trademark under the laws of the country.
When your product's trademark meets all the conditions, then you can completely proceed to register the trademark to be granted a trademark protection certificate, the holder has the exclusive right to affix the trademark on his product, has the right to let others use it through a trademark license agreement, has the right to transfer trademark ownership, has the right to prevent any third party from infringing.
To save time and money when registering a trademark, before registering, you can ask for help from intellectual property organizations to conduct a search for the possibility of trademark registration. The search results will be available within 7 working days and the required document is a sample of the trademark and product that you need to register.
Upon receiving the search results, if it is concluded that the trademark is registrable, you should proceed with the trademark registration immediately to get priority in filing the earliest application.
Registering a trademark in Vietnam should be aware of this country's laws
Vietnamese law applies the priority of filing the first application, the right of priority in the registration of trademark protection. According to this principle, if many different applicants apply for the same/similar trademark for the same or similar products or services, that application has a priority or first filing date. will be protected.
If different applicants submit multiple applications for the same subject with the same priority or first filing date, only one application will be accepted for protection with the consent of these applicants.
If the application owners cannot reach an agreement, that object will be refused to grant a protection title.
The applicant's priority claim will be accepted if the following conditions are met:
The applicant is a Vietnamese citizen or a citizen of a country that is a member of the Paris Convention or resides, has a production or business establishment in Vietnam or in a country that is a member of the Convention.
The first application has been filed in Vietnam or in a Contracting State to the Convention and that application contains a claim for priority right to register the mark.
Trademark registration applications are filed within 06 months from the date of first filing and the priority period is counted from the date of first filing, the filing date of the first application is not included in the priority period.
In the registration application, the applicant clearly states the claim for priority right and must submit a copy of the first application certified by the first application-receiving agency in the case of filing abroad.
Searching is a completely voluntary procedure on the part of the applicant. However, it is advisable to proceed with this procedure as it is the first and important step in the preliminary assessment of a trademark.
But this search is for reference only and is not a basis for granting or not granting a degree.
Process and procedures for trademark registration in Vietnam
Free preliminary search: Many units will conduct a free preliminary search for customers to evaluate the registrability of the mark within 01 days since the customer provides the trademark sample.
Official search and review at the National Office of Intellectual Property: After a preliminary search of the mark, there are no signs of similarity with the registered trademark. Customers should carry out the search procedure through representatives of the support units to best appreciate the protection ability of the trademark. The search procedure through a representative takes 1-3 working days.
Formal examination time limit: 01 month from the date of application submission.
The Intellectual Property Office Of Vietnam will consider the application for eligibility in terms of form, label form, application owner, filing right, subheading, etc.
If the enterprise's registration application meets the conditions, the NOIP will notify the acceptance of the valid application and publish the application.
If the enterprise's registration application does not meet the conditions, the NOIP will issue a Notice of not accepting the application and request the enterprise to amend. Enterprises make amendments as required and submit amendments to the National Office of Intellectual Property
Time limit for publication of trademark registration applications: 02 months from the date of notification of acceptance of valid applications.
Contents of announcement of a trademark registration application are information related to a valid application stated in the notice of acceptance of a valid application, a sample of the mark and the attached list of goods and services.
Time limit for substantive examination: 09 months from the date of application publication.
The National Office of Intellectual Property considers the conditions for trademark registration, thereby assessing the possibility of granting a title to the trademark registered by the enterprise. If the trademark registration application satisfies all conditions, the National Office of Intellectual Property shall issue a Notice of intention to grant a diploma for the trademark registered by the enterprise.
If the trademark registration application does not meet the conditions, the National Office of Intellectual Property shall issue a Notice not to grant a title to the trademark registered by the enterprise. Enterprises consider and send official correspondence to respond, complain about decisions of the National Office of Property, and at the same time provide grounds for granting trademark protection titles to their trademarks.
Time limit for grant of diplomas: 02-03 months from the date of payment of diploma fees
After the decision to grant a diploma is issued, the enterprise shall pay the fee for the diploma and obtain the trademark protection title.
Thus, normally, the normal registration time of a trademark is about 12-18 months from the date of acceptance of a valid application. In case the business needs to carry out the procedure with a fast registration time from the date of accepting the valid application, please contact Viet An Law for detailed instructions.
When registering a trademark, the benefits that the right holder can get include:
Exclusive use of goods bearing that brand and recognized by law.
Be protected by law to avoid acts of infringing upon industrial property rights (such as counterfeit goods, imitation goods, ...).
Enhancing the brand value of products and services.
Trademark registration in Vietnam brings many benefits
Bringing benefits in competing with similar products in the market, helping to distinguish and protect the owner's trademark from other brands.
This is the basis for creating a competitive advantage over competitors in the market, affirming the reputation of the brand, thereby bringing abundant profits for your own business. Besides, avoiding the situation when businesses are on the way to develop unregistered trademarks. At this time, the parties with bad intentions can make a pre-registration for the trademark and you will be at a complete disadvantage in the dispute. If you do not want to break the law as well as this situation, it is best for businesses to protect themselves.
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