Question: Please advise us the legal procedure to register trademark in Vietnam?
Answer: Thank you very much for your email regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on the procedure and our fee schedule in relation to the trademark registration proceeding in Vietnam as follows:
1.SCOPE OF WORKS
In case SBLaw is your representative, we will have obligations as below:
- Providing legal advice on registration of the applied works in accordance with the IP Law of Vietnam before filling;
- Preparing all neccesary forms/documents related to trademark registration procedure in Vietnam for you to sign;
- Preparing the dossier and filing the same with the National Intellectual Property Office;
- Reporting on the status of the application for you (corresponding to each stage of examination procedure in Vietnam);
- Reporting, providing legal advice and handling the refusal of National Intellectual Property Office (if any) during application procedure;
- Receiving and handing Certificate of Registration for you;
- Providing legal advice on using trademark after protecting;
- Updating the expiry date of this registration into our reminder system and will remind you to renewal day in time.
2.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.
3.PROCEDURE AND TIMELINE
The duration of a trademark search is around 15-20 working days. The duration of trademark application is around 14-18 months – from the filing date to the actual receipt of the registration. The process involves these stages (1) formal examination and publication in the Gazette (3 months); (2) examination as to substance (9 months) and (3) issuance of registration certificate of the registered mark (2 months). Kindly note that the term for registration process in practice normally takes up to several months longer due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.
4.REQUIRED DOCUMENTS 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).
We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us. We look forward to hearing from you very soon.
