Knowing the proper steps for trademark registration in Vietnam is crucial if you’re a business owner or an individual seeking brand protection. Trademark registration is a complex process that involves multiple steps. Learn these steps so you know how to follow them carefully and ensure you can successfully secure a trademark.
Conduct a Trademark Search
The most important step before submitting a trademark application in Vietnam is to search the existing trademarks. This step ensures that the trademark you are about to submit does not infringe on any existing trademarks and avoids potential lawsuits in the future.
Conducting a pre-filing trademark search in the Vietnam is not mandatory. However saving you time or effort in the trademark filing process is highly recommended. You could also save money since legal trademark disputes can be quite costly.
Conduct a trademark search before you apply for the trademark registration. This will ensure the rest of the application process goes smoothly.
In Vietnam trademarks represent intellectual property that applies to the words logos and packaging designs. Vietnam law has a first-to-file rule regarding trademark applications. Therefore, the individual or business with the earliest filing date gains the trademark rights for the applicable registration.
The trademark application can be submitted through a law firm or any legal representative in Vietnam. Once filed and approved the trademark registration is valid for the 10 years in Vietnam. Once the trademark has expired the trademark owner has the right to renew the certificate for as long as they desire or need that trademark.
Documents and Requirements for Trademark Registration in Vietnam
Before you begin the trademark registration process, you must secure the essential documents and requirements. Preparing your documents and other requirements streamlines the process.
The documents will vary depending on the type of trademark you’re applying for. However, here is a list of the most common documents required during trademark registration in Vietnam:
- Completed trademark registration application form
- Trademark specimen
- Description of goods and services to be registered for a trademark
- Power of attorney
- Proof of payment
Step-By-Step Guide to Trademark Registration in Vietnam
Follow this detailed guide to learn how to process a trademark registration in Vietnam.
Step 1: Create your trademark.
A trademark must be distinctive enough to be eligible for registration in Vietnam. It is essential to consider the requirements for a trademark before you file for an application to increase the chances of approval. Most importantly, it should be distinctive enough from existing trademarks to be registered under the Intellectual Property Office in Vietnam.
Step 2: Conduct a trademark search.
As mentioned, it is crucial to do your research and ensure there are no existing trademarks that are similar or the same as the one you are about to file. This reduces the possibility of your application being rejected. You can also reduce the risk of lawsuits and other legal disputes from trademark owners in Vietnam.
A free trademark search is available, but you can also pay for a more comprehensive trademark search to avoid duplicates or copyright infringement.
Step 3: Submit your trademark dossier.
Once you’ve determined that there are no existing trademarks similar to yours, you can proceed with the filing process.
There are several methods to submit your trademark registration application in Vietnam.
The first method is to file it yourself via the National Office of Intellectual Property in Vietnam e-filing system. You can complete the application form and submit the completed form with the document requirements online.
The second method is to submit the application form via mail or in person at the IP Vietnam headquarters.
The third method is to find a law firm specializing in trademark registration in Vietnam. You can seek their legal assistance to research existing trademarks, complete the application form, and comply with the required documents.
Step 4: Trademark application evaluation.
The next step in your trademark registration process is evaluating your submitted trademark. The IP Vietnam office will check for any formal deficiencies in your application and will notify you so you can correct them or submit any missing documents.
Once the trademark evaluation is completed, your trademark application will be published. The trademark application will appear for two months in the Industrial Property Official Gazette. It will give other trademark owners the right to file an opposition within that period if it is similar or violates the copyright of any existing trademarks.
Once the opposition period is over, IP Vietnam will proceed with a substantive examination if no oppositions are filed. This examination ensures that the trademark complies with the requirements. If there are any issues, the filing party will be notified, and you can respond to that issue within the specified time frame.
Step 5: Issuance of trademark certificate.
If your trademark application has passed all the previous steps, the IP Vietnam office is ready to issue your trademark certificate in Vietnam. The issuance of the certificate implies that you have been granted trademark registration and that there are no oppositions to your application.
The next step is to file the required filing fees and other charges. The cost for trademark registration in Vietnam is 1,000,000 VND (approximately $40) for each class of goods and services. Meanwhile, the trademark certificate costs 400,000 VND (approximately $16).
Once paid, the IP Vietnam office will issue your trademark certificate.
There is a validity period of 10 years for the trademark certificate. After 10 years, you can renew your trademark certificate for another 10 years for 1,200,000 VND (approximately $47) per class. An additional renewal fee applies for a late renewal, which is 10% of the renewal fee.
How Long Does the Trademark Registration Process Take in Vietnam?
It varies depending on the application status, whether there is opposition to the trademark filing, or any other issues. On average, the entire process of trademark registration in Vietnam, from submitting your application to the issuance of the certificate, takes 12 months. However, there are cases that take up to 20 months, so it varies on a case-to-case basis.
There you have it, the complete guide to trademark registration in Vietnam! It’s a crucial step in protecting your intellectual property rights and building a distinctive brand, whether you’re a business owner or an individual in Vietnam.
