Procedures for Vietnam Trademark Registration

Premia TNC Vietnam

With our professional legal knowledge and experience in Intellectual Property, we will strive to provide our clients with one-stop services in Vietnam Trademark Registration Services(VTR).

When doing business in Vietnam, the issue of intellectual property rights is increasingly concerned by companies, in order to create a shield to protect their products from copyright infringement.

To register intellectual property rights, the Company needs to prepare the necessary legal procedures and documents as below:

1) Required documents:

  • 10 brand samples (dimensions not larger than 8x8cm and not less than 2x2cm);
  • Name and address of the trademark owner (application owner);
  • Power of attorney of the Applicant for Premia TNC (according to the form of Premia TNC)
  • List of products/services intended to be registered under the trademark application.

With the necessary documents mentioned above, Premia TNC will prepare documents and carry out the procedures to file a registration application at the National Office of Intellectual Property according to the following steps:

  • Step 1: Look up the patentability of the mark before filing (optional);
  • Step 2: If the trademark is not protected by other owner according to the search results, we will file an application at the NOIP

2) Timeframe:

Timeframe: The Certificate of Trademark Registration will be issued around 16-24 months from the date of valid filing. But from the date of valid filing, the trademark that the company submitted, which has been protected by the law.

Vietnam Trademark registration subjects

Trademark registration in Vietnam brings many benefits to businesses. However, not everyone has the right to register a trademark. According to the law, subjects with the right to trademark registration include:

– Organizations and individuals may register trademarks to use for the goods they produce and the services they provide.

– Organizations and individuals conducting legal commercial activities may register trademarks for products they are marketing but manufactured by others, provided that manufacturers do not use such marks for their products and do not react against them. for that registration.

– A legally established collective organization may register a collective mark for its members to use in accordance with the regulations on the use of the collective mark. For signs indicating the geographical origin of goods or services, the registration organization is a collective organization of production or business organizations and individuals in the relevant locality. Other geographical names or signs indicating the geographical origin of Vietnamese local specialties must be permitted for registration by a competent state agency.

– Organizations with the function of controlling and certifying the quality, characteristics, origin or other relevant criteria of goods and services may register a certification mark, provided that they do not participate in production, trade in these goods and services. For other geographical names or signs indicating the geographical origin of local Vietnamese specialties, registration must be permitted by a competent state agency.

 

Two or more organizations and individuals may jointly register a trademark to become co-owners with the following conditions:

  1. a) This mark is used in the name of all co-owners or used for goods and services produced or traded with the participation of all co-owners;
  2. b) The use of this mark does not cause confusion to consumers about the origin of goods or services.

The owner has the right to transfer the registration right to another organization or individual in the form of a written contract for inheritance or inheritance according to the provisions of law, provided that the assigned organization or individual must satisfy the following conditions: meet the relevant conditions on who has the right to register.

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What are the benefits of using Premia TNC services?

  • Provide a dedicated and professional consultant team are experienced-experts in many other majors.
  • Provide services with completely free of consultant fee.
  • Reasonable and competitive service costs.
  • Quick and hassle-free process.
  • Always ensure the highest quality of service.

Should you need further legal assistance regarding Trademark, feel free to contact us or fill out the following form.

According to the law, these are 4 steps to register a trademark in Vietnam: 

Step 1: Conducting a trademark search. 

Step 2: File the trademark application, 

Step 3: Follow up trademark registration, 

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

Trademark is a sign (consisting of a combination of elements such as letters, words, drawings, images, even holograms represented by colors…) used to distinguish goods/services of organization, individual with others.

Trademarks are divided into two groups: trademarks and service marks:

  • Trademarks are used to distinguish goods from one another.
  • Service marks are used to distinguish different types of services.

Distinguishing signs means that they must not be identical with or similar to other (registered) signs – that the identifiers (customers, partners) may be confused, misinterpreted (about the source). origin, features, uses, quality, value, or other characteristics of goods or services).

According to the regulations, signs of “normal” form, indistinguishable as simple geometry, numbers, letters, symbols, drawings of goods and services are not allowed to be registered as trademarks.