How register a trademark in Vietnam as a foreigner ? When you are a foreigner filing a trademark application in Vietnam - 4 things you need to know (LHD Law Firm will advise and guide each important term through the steps below to the latest update in 2023)
Trademarks are not automatically protected in Vietnam (except for well-known trademarks). Therefore, in order to be protected for industrial property rights to trademarks, organizations and individuals must carry out registration procedures. So when registering a trademark in Vietnam, what should you pay attention to?
1. Conditions for trademark to be protected in Vietnam
* For regular brands:
Trademarks are normally protected from the date of issuance of a certificate of trademark registration after the trademark registration procedure has been carried out.
Pursuant to Article 72 of the Intellectual Property Law, a trademark of an organization or individual that wants to be protected must satisfy the following conditions:
(1) A sign that is visible and expressed in the form of letters, words, drawings, pictures, holograms, or a combination of the elements of letters, words, drawings, images, hologram; represented by one or more colors or audio cues in a graphic form.
(2) Able to distinguish from goods and services of other subjects.
* For famous brands:
According to Clause 3, Article 6 of the Intellectual Property Law, industrial property rights to well-known marks are established on the basis of use, regardless of whether the trademark registration procedures are carried out at a competent authority. or not.
Pursuant to Article 75 of the Intellectual Property Law, the consideration and assessment of a mark as well-known is selected from some or all of the following criteria:
No. Criteria for evaluating famous brands
1 Number of consumers who know the brand through buying, selling, using goods and services bearing the mark or through advertising information
2 The extent of the territory in which the goods or services bearing the mark have been circulated
3 Turnover from the sale or provision of services bearing the mark or the quantity of goods sold by individuals or organizations, the amount of services provided by individuals or organizations
4 Period of continuous use of that trademark
5 Widespread reputation of goods and services bearing the mark
6 Number of countries protecting that mark
7 Number of countries recognizing it as a well-known trademark
8 Transfer price, license to use right, value of capital contribution of the mark
2. Where is the trademark registration in Vietnam?
Pursuant to Decision 3675/QD-BKHCN, in order to carry out the procedures for trademark registration in Vietnam, individuals and organizations must submit trademark registration dossiers submitted to the National Office of Intellectual Property at the following addresses:
#1. Apply with Noip Viet Nam
National Office of Intellectual Property
384-386 Nguyen Trai, Thanh Xuan District, Hanoi city.
Representative Office of IPVN in Da Nang City
3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
Representative Office of IPVN in Ho Chi Minh City
7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
3. How long does it take to register a trademark in Vietnam?
Pursuant to Article 119 of the current Intellectual Property Law, the processing time for trademark registration applications in Vietnam is prescribed as follows:
Steps to process a trademark application Term
Formal examination of a trademark registration application within 2 months from the filing date.
Announce valid application 2 months from the date the application is accepted for formality
Substantive examination of a trademark registration application Up to 9 months from the date of publication of the application
Re-examination of the trademark application 2/3 of the time limit for initial examination
Complicated cases may take longer but do not exceed the time limit for initial appraisal.
Thus, if there is no need to re-examine the trademark application, the trademark registration period will last about 12 months from the filing date. In fact, the total time for trademark registration is usually longer, ranging from 18 to 20 months from the date of filing the application, and in some cases even lasts from 2 to 3 years.
4. How long is a trademark registration valid?
Pursuant to Clause 6, Article 93 of the Intellectual Property Law, the validity period of a mark registration certificate is prescribed as follows:
A certificate of trademark registration is valid from the date of grant to the end of ten years from the date of filing the application, and can be renewed for several consecutive times, each ten years.
According to this regulation, a certificate of trademark registration issued to organizations or individuals owning the mark will be valid from the date of issuance of this certificate to the end of 10 years from the date of filing the application.
If there is a need for continued use and protection of the mark after the above period, the individual or organization that owns this mark may proceed to extend the validity of the certificate of trademark registration. The validity period of each renewal is also 10 years.
Note: Within 06 months from the expiry date of the certificate of trademark registration, the individual or organization must submit a request for renewal to the National Office of Intellectual Property and pay fees and charges to the National Office of Intellectual Property. be extended (according to point c, clause 19 of Circular 16/2016/TT-BKHCN).
If submitting late, organizations and individuals must pay an additional 10% fee for late validity extension/month of being late.