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Trademark | Vietnam

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
Decree No. 54/2000/ND-CP.

2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.

3. Criteria:
A trade mark has to fulfil the following conditions in order to claim protection.

  • it must be distinctive
  • it cannot be generic
  • it cannot be deceptively similar to a previous or existing trademark.
  • It cannot be a geographical name or surname
  • It cannot be deceptive or confusing
  • It cannot be scandalous or offensive
  • it cannot have direct reference to the character or nature of the goods/services


4. Membership:
√ – Paris Convention
√ – Madrid Protocol

Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
“First to File” is the rule followed by Vietnam in determining priority of trademarks.

6. Duration and Renewal:
A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years for an unlimited period.

1. Application
Every applicant is required to submit an application to Vietnam Trademark Office.

2. Examination
Formal Examinations are conducted within 3 months from the filing date. Responses for amendments to application are made within 2 months from the date of request.

3. Publication
A trademark will after examination be published in the government gazette subject to the satisfaction of the registrar.

4. Substantive Examination
A substantive examination takes place 6 months from the date of publication.

5. Registration
On completion of the formalities a certificate of registration is granted. The duration of registration takes a minimum period of 12 months. The registration is effective from date of application.

The following information and/or documents are required to file an application for a trademark application in Vietnam:-

1. Application form.

2. Power of Attorney.

3. Twelve (12) clear copy of the mark.

4. A list of goods or services (which closely follow the Nice International Classification).

5. The full name, nationality and registered address of the applicant.

6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.

7. For marks that contain non-English words, a certified transliteration and translation.

Items Official Fees (USD) Professional Fees (USD)
Search per mark per class (up to 6 goods/services)
- additional fee for each goods/services for 7th goods/services onwards
- 160
Filing application for one class excluding registration fee (up to 6 goods/services)
- additional fee for each goods/services for 7th goods/services onwards
42
7.5
300
7
Grant of Trademark Registration 22.5 250
Recordal of Assignment, per mark 21 250
Filing Renewal of Trademark Registration
- additional fee for each class
42
34
200
100

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney must be duly signed by the applicant A copy on filing date with the original to be submitted within one month
Image/ representation of the mark not larger than 8x8cm On filing date


Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents certified A copy on filing date with the original to be submitted within one month


(if applicable) Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of Filing
Power of Attorney duly signed On filing date
The original Certificate of Trademark registration On filing date
02 originals of the Trademark Assignment Agreement signed by both Assignor and Assignee. duly signed On filing date
Declaration of Change of Name/Address or legal documents showing the change of name/address notarized or certified On filing date


(if applicable) Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
A Power of Attorney (POA) duly signed On filing date
Evidence of use of the mark in Vietnam (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.) On filing date
Documents proving that the mark is well-known: - The countries where the mark is registered; - The countries where the mark is recognized as being well-known;
- The value of the mark in business transactions, such as assignment, licensing, investment capital contribution, etc.
- The estimated number of concerned consumers who may know the mark through buying, selling, or using the products or services bearing the mark, or through advertisement of the mark;
- The countries where the products or services bearing the mark are circulated or provided;
- The turnover from selling the products or supplying services bearing the mark, or number of products sold;
- The duration of continuous use of the mark;
If the trademark is well-known trademark On filing date

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