(Q&A) Possible trademark opposition in Vietnam

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Possible-trademark-opposition-in-Vietnam

Q: Now we have a new client who has found a third party has filed a highly similar trademark application in Vietnam.

Please let us know if you can help our client to handle the opposition and let us know your needing fees and documents for doing so.

Your timely reply would be highly appreciated.

A: At your enquiry, we would like to advise you as below:

If the applied trademark is confusingly similar to your client’s trademark in respect of structure, pronunciation and visual sense and the goods bearing these trademarks are also identical to each other, your client should file an opposition application before NOIP.

After receiving our opposition, NOIP will issue a Notification informing the applicant of the opposed trademark about the opposition and request them to have a response within one month counted from the signing date of the Notification.

Upon receiving the response from the applicant, NOIP will have the final decision on the registration of the applied trademark.

Normally, an opposition will be handled and settled within 3-12 months depending on the complication of each case and the workload of NOIP.

In order to file the opposition, your client is only required to send us a Power of Attorney (POA) as attached file.

Our fee for filing an Opposition against the applied trademark is case by case (normally is 500 USD).

This fee is exclusive 5% VAT and other disbursement such as translating fee, fee for responding to the request/notification of NOIP.

We will inform you all arising fee before taking any actions for your decision.