New trademark application for foreign company in Vietnam

New trademark application for foreign company in Vietnam
March 07 09:57 2014 Print This Article

If foreign company would like to file new trademark application in Vietnam, S&B Law would like to advise you procedure and our fee schedule in relation to the trademark registration proceeding in Vietnam as follows:

1. Fee schedule

In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.

Below is the breakdown of charges for registering a trademark in Vietnam, in a smooth case, for your consideration:

Description

Official Fees

(USD)

Attorney’s fee

(USD)

1. Fee for conducting atrademark search in one class

60.00

2. Fee for filing an application for one class of G/S with up to 6 products in each class

40.00

80.00

– Fee for each additional class of G/S in the application

33.00

50.00

– Fee for each additional products in exceed of 6 in each class

7.00

2.00

3. Fee for granting a registration certificate for one trademark in one class of G/S;

21.00

30.00

– for each additional class of G/S in the application

7.00

2.00

TOTAL:

332.00

In words: Three hundred and thirty two US dollars

 

 Note: The above-quoted fees do not include 5% VAT of our service charge, bank charge and actual communication cost. In case of any office action or any possible opposition which may occur during the application prosecution, an additional charge would be incurred, upon the your approval. Further, the trademark search is optional and upon your request. The search will be conducted unofficially with the NOIP, the result of which is available within 5-7 working days.

2. Procedure and timeline

The duration for a trademark application from mature to proceed to registration is around 14-18 months from the filing date, involving these stages (1) examination as to formality and publication on the Gazette ( 3 months); (2) examination as to substance (9 months) and (3) issuance of registration certificate for the registered mark (2 months). Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

3.   Requiread document and information

–          Name and address of the Applicant;

–          List of Goods/Services;

–          Specimen of the applied mark;

–          An original Power of Attorney which is simply signed by the Applicant (our form in attachment) (Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date.

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