6 Frequently Asked Questions about Trademark Registration in Vietnam

Certainly, you must have heard the word “trademark.” However, you might be wondering how trademark registration can benefit you. If you want to know more about trademark registration in Vietnam, read this article till the end.  In this article, we will answer some frequently asked questions, such as: what can be registered as a trademark in Vietnam? Why need to conduct Trademark Registration? And lots more.

What is Trademark Registration in Vietnam?

Trademark registration in Vietnam is a legal process that involves an individual or organization applying to be given the exclusive right to use a sign, symbol, logo, or trademark for their goods and services. The legal procedure is conducted at the National office of intellectual property, and it involves 4 basic steps as highlighted below.

Steps to Trademark Registration in Vietnam

Trademark registration in Vietnam is carried out following the administrative procedures of the National Office of Intellectual Property (NOIP). This procedure involves 4 basic steps.

The first step involves conducting a trademark search. The second step involves filing the trademark application. The third step involves follow-up trademark registration, followed by the fourth step, which involves responding to the refusal notification.

Now let’s discuss each step extensively.

Step 1: Trademark registration search

The first step to trademark registration in Vietnam is to conduct a trademark search. You achieve this in two ways. First, you can submit the name of the business and the trademark sample to Premia TNC for a free preliminary search. Secondly, you can decide to conduct the trademark search yourself by visiting the official website of the National Office of Intellectual Property.

Step 2: Trademark application filing

Trademark application filing (dossier) include the following:

• Name and address of the business owner (applicant)
• Other legal documents to prove ownership and right to apply
• List of products and services
• Trademark sample
• Application (Premia TNC Will draft)

Receiving office:

You can file your application directly to the National Office of Intellectual Property in Hanoi or via any of the representative offices of the NOIP in Da Nang, Ho Chi Minh City, by post courier.
You can also apply through a reputable law firm or consulting firm. Premia TNC is a Vietnam-based professional consulting firm could help applicants conduct trademark registration in Vietnam. If you need further legal assistance regarding trademark issues, feel free to contact us.

Step 3: Follow up Trademark registration

Usually, the standard trademark registration in Vietnam involves the following steps:

• Legal examination of the application (generally takes up to 1 month to complete)
• Official publication of the application (takes up to 2 months)
• Substantive examination of the application (takes between 9 to 12 months)
• Granting the certificate (takes between 1 to 2 months)

Therefore, you need to follow up on the trademark registration process to ensure it doesn’t take longer than necessary.

Step 4: Granting protection certificate or responding to the refusal notification

After the substantive examination of the application process in step 3, the National office of Intellectual property (NOIP) will issue either of the following notices:

Notification of acceptance: this contains NOIP’s notification of agreement to issue the grant protection certificate. The applicant is expected to pay the granting fee within the stipulated time frame.

Notification of partial or wholistic refusal of the trademark application: Depending on the depth of the refusal (whether partial or wholistic), the applicant may respond in any of the following ways:

• Analyze and state that NOIP’s conclusion is not convincing
• Remove a part of the list of products/services or trademark to protect the remaining parts
• Cancel the validity of the cited trademark

What can be registered as a trademark in Vietnam

A trademark is any sign that distinguishes the goods or services of individuals or organizations. It is anything that uniquely identifies the products or services of a specific business. Trademark is an important business asset and intellectual property that needs to be protected to legally prevent others from using it to sell their products or services. A trademark can be any of the following:

• Words: e.g., product or company name
• Numerals
• Letters
• Designs- signs, logos, patterns, symbols, shapes
• Colors
• Packaging or Shapes of goods: e.g., 3D shapes
• sounds
• movement: e.g., sequence of images

Trademark is an intellectual property that needs to be protected. Other types include designs, patents, and copyright. A trademark can be registered or unregistered. The symbol ® after a business name usually indicates a registered trademark. While the symbol ^TM after a business name usually indicates an unregistered trademark.

Registered trademarks in Vietnam are those accepted by the National Office of Intellectual Property. Successful trademark registration in Vietnam lasts for up to 10 years, after which it can be renewed. It is legally possible

Who Has the Right to Register a Trademark in Vietnam?

Under the Law on Intellectual Property of Vietnamese (article 87), as amended in 2005 and supplemented in 2009, five categories qualify to register a trademark in Vietnam.

• Individuals or organizations producing the goods or services they provide: in this case, the applicants registering the trademark are the primary producers of the goods or services.
• Individuals or organizations conducting legal, commercial activities and marketing of goods: the individuals and organizations neither produce nor create the trademarks of the products. The goods are produced by other organizations.
• Organizations that have the legal right to register their members’ trademarks following the rule on the use of collective trademarks. For trademarks representing geographical origins of goods or services, organizations that may register are those involved in the direct production or trading in the same localities.

Basically, everyone can conduct trademark registration in Vietnam. The applicants can be

• Vietnamese Citizens
• Foreign individuals
• Foreign traders
• Vietnamese enterprises
• Vietnamese and foreign organizations

Why need to conduct Trademark Registration?

Here are some reasons why you need to conduct trademark registration.

1. It grants you legal ownership

Generally, you need to register your trademark to have legal and established brand ownership. You get to have trademark rights after you register your trademark. When you register your trademark, you have the exclusive right to ownership and can sue any individual or organization using that same trademark to market their products.

2. Registered trademarks grant you the freedom to operate

If you delay in registering your trademark, it’s possible that another individual can register that same trademark. Most trademarks related conflicts arise from issues like this. Over 10 thousand trademark applications in Vietnam are filed daily at the National Office of Intellectual Property or through their accredited agents. The chances that you’re the only one thinking of that sign, symbol, color, name, or design is slim.

Therefore, you need to hasten your registration process to enhance your freedom to operate.

3. It reduces the likelihood of others infringing your rights

Registering your trademark is the best way of preventing individuals and organizations from infringing your rights. When your trademark is registered, your exclusive right of ownership is made public for others to take note of.

4. Registered trademarks grant you access to better partnerships

In most Asian countries, local partnerships require that your trademark is duly registered and protected. Why is it important to have registered trademarks? First, it gives investors and partners the impression and security that they are investing their money and resources in a reputable brand or business. Not registering your trademark tells your partners that you’re not ready for business. Therefore, you show that you have your partners’ best interest at hand by registering your trademark.

Why Should You Conduct the Trademark Lookup?

Trademark registration and protection starts with a comprehensive trademark search. By knowing what trademarks are registered, you will know if the trademark you wish to register is still available or already taken. Fortunately, trademark search has been made a lot easier these days, but you need to know exactly what you’re looking for. Search for similar trademarks that can confuse your potential customers. If a trademark already exists similar to the one you want to register, used in the same geographical location and in a similar industry, registering and protecting your trademark may be challenging. It is advisable to conduct your trademark search earlier enough, so you can come up with a mark that is easier to register and protect.

There are many reasons why you need to conduct a trademark lookup. Two of the most significant reasons are to help avoid unforeseen infringement of another individual/organization’s trademark and better ensure the trademark’s availability before adoption.

Consequently, trademark search is essential to ensure that it is available for use as a domain name when an organization’s website is intended to have wide international exposure.

Why Choose Premia TNC when Registering Trademark in Vietnam?

Premia TNC is an intellectual property representative with over 19 years of experience. We have successfully helped much more individuals, businesses, and organizations with their trademark registration in Vietnam.

• We help applicants conduct free trademark preliminary searches. In addition, our legal team is available 24/7 to offer free consultation on all issues relating to trademark registration in Vietnam.
• Premia TNC helps applicants follow up the trademark registration process and help in responding to all notifications or third-party comments.
• We provide the highest quality of service.
• Quick and hassle-free trademark registration process.
• Reasonable and competitive service costs.

Contact us now for all your trademark registration in Vietnam services. We will be happy to help you.