Question: Our company would like to register trademark in US, Singapore and Hongkong, please provide us the fee (including attorney fee)?

Answer:  SBLAW would like to advise you on the fee for registering trademark in US, Singapore and Vietnam.

1.Trademark in US and Singapore

2. Trademark in Vietnam

Total of fee: 58,364,000 VND. 

This fee excludes 5%VAT and appeal to office action to any fault no caused by SB LAW (if any)

Other notes: in order to file your trademark through Madrid system, you are required to file a trademark in Vietnam first. Then, your trademark through Madrid system shall be based on Vietnamese application.

Should you have any inquiry, please do not hesitate to contact us.

In case your company will use our services in registration of 01 trademark in Vietnam and USA for 01 class.    

SBLAW would like to set out the guidelines steps as follows:

1. We will draft a Consultancy Contact on IP (by English/Vietnamese version) and revert a soft copy to your company for reviewing before both of us signing and sealing .
2. When the Consultancy Contact on IP has been signed and sealed by both of us, we will provide you with the related document for your execution meanwhile your company carry out the first payment item which was set out on the Contract.
3. After receiving your executed document as well as the amount of the fist payment, we will arrange and filling the trademark applications in Vietnam as well as in the US soon and keep you informed of the filling detail in due course.

For purpose of drafting the Contract, please kindly provide us with the below information:

– Full name and address of applicant

– Marks (soft version)

– List of goods/services (in detail)

– Full name and address of the entity which will sign the Contact with SB Law

– Tax code of the entity which will sign the Contact with SB Law

– Tel/email of of the entity which will sign the Contact with SB Law

– Representative of the entity which will sign the Contact with SB Law (as well as position)

SBLAW would like to advise you on the procedure and our fee schedule in relation to the trademark registration proceeding in Vietnam and the The United States of America as follows:

1. FEE SCHEDULE

In Vietnam and The United States of America, 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.

As provided information in your email:

Trademark:  (unknown)

Classification: 01 class

We would like to provide you about fees and procedure for registration of trademark in each country as below:

Time for conducting trademark search and registration

Even though, conducting a trademark search is optional, but you could conduct a trademark search to save the time and fee (in case of search report showing that your mark is not available to filling in Vietnam, SB Law will consult for you how to overcome the cited mark or proportion of chance to overcome )

In words: Six hundred and thirty US dollars only

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

 In words: One thousand and two hundred and fifty five US dollars only.

Note: The above-quoted fees do not include 5% VAT of our service charge, bank charges ($US30) and actual communication costs ($US30-$US 40). In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon the your approval.

 2.  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

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.

SBLAW would like to provide client the form of trademark license agreement for your kind consideration:

TRADEMARK LICENSE AGREEMENT

This AGREEMENT is entered into as of {                           ], by and between [                                ], a corporation organized and existing under the laws of [______       ], having offices at [_____________] (“Licensor”) and [__________], a corporation organized and existing under the laws of [________], having offices at [_______________] ( Licensee”).

WHEREAS, the Licensor is the owner of all right, title and interest in and to the trademarks of which the details are specified in Appendix 1 hereto (the “Trademarks”).

WHEREAS, the Licensee desires to acquire from the Licensor, and the Licensor is willing to grant to the Licensee, the license to use, utilize and/or exploit the Trademarks in the territory of Vietnam for the goods as specified in Appendix 1 hereto (the “Goods”).

NOW, THEREFORE, the Licensor and the Licensee agrees as follows:

1.     Scope of License.

The Licensor hereby grants the Licensee an ____________(exclusive or non-exclusive) license during the term described hereinbelow to use (and to sublicense the use of) the Trademarks within the territory of Vietnam for use on or in connection with the Goods.

2.    Fee of License

The Licensee shall pay the Licensor the sum of ___________(the amount of money shall be specified) as the License fee. Such License fee shall be remitted to the Licensor in the manner of (lump-sum or royalty) payment.

3.    Term.

3.1       The term of the license herein granted shall commence from the date on which it is decided by the National Office of Industrial Property of Vietnam (the “NOIP”) for registration through [_______________] (the date on which both sides wish to terminate the License)

3.2.      Any amendment and extension of this Agreement shall be made by a written agreement duly executed by authorized representatives of the parties hereto.

4.    Warrants and Representations.

The Licensor hereby warrants and represents that it is the sole owner of all right, title and interest in and to the Trademarks in the territory of Vietnam, and that the license granted herein shall not cause any infringement of industrial property rights of any third party in the territory of Vietnam.

5.    Obligations of the Parties.

5.1.      The Licensor agrees:

(i)        To take action it deems appropriate to resolve disputes with third parties if that dispute is caused from the license granted herein; and

(ii)        To take action it deems appropriate against acts of infringement by third parties which may cause damage to the Licensee, provided however, that if the Licensor fails to do so within three (3) months from its receipt of notice of infringement given by the Licensee, the Licensee can itself request the State competent authority to handle that infringement.

5.2       The Licensee agrees:

(i)         To register this Agreement with the relevant State Authority (NOIP)

(ii)        To be inspected by the Licensor in respect of quality of products bearing the Trademarks if so required by the Licensor; and

(iii)       To indicate the Licensor’s name on products or product packages bearing the Trademarks.

6.     Quality/Use of Marks.

The Licensee acknowledges that uniform and high standards of quality and service are necessary to maintain the public image and widespread acceptance associated with the Trademarks. Therefore. the Licensee shall produce only products meeting the quality control and other standards previously maintained by the Licensor and which may he adopted from time to time by the Licensor.

7      Governing Law.

This Agreement shall he governed by and interpreted according to the laws of [_______________________](country). Any dispute, controversy or claim arising out of or pertaining to this Agreement, or breach and termination of this Agreement, shall he settled by bona fide negotiations by the Parties hereto.

8.     Signing Authority.

The parties represent and warrant that their representatives signing this Agreement have full power and authority to sign this Agreement and to bind the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement in______copies, as of the date set forth above.

FOR LICENSOR                                                                                            FOR LICENSEE

By:                                                                                                                     By:

Name:                                                                                                               Name:

Title:                                                                                                                  Title:

Notary Public                                                                                          Notary Public

Appendix  

Q: Now we are a USA company who would like to file one trademark application under four classes without claiming priority in USA. Before their formal application, we would like to perform a trademark availability search for the four classes first. And we would like to entrust your esteemed firm – SBLAW to help us handle the case. Thus, we would like to know your best cooperative fees and needing documents for the search (needing time and fees are sufficient) and application procedure respectively in reply to this email.

 A: Thank you very much for your request 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. 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.

Fee for searching 01 trademark for 04 classes

In words: Two hundred and eighty

Note: The aforementioned quotation excludes 5%VAT.

Fee for registration of 01 trademark for 04 classes

Note: The above-quoted fees do not include 5% VAT of our service charge and actual communication costs ($US30-$US40) as well bank charge ($US20). In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

2. TIME FRAME

Time frame for trademark registration and conducting trademark search are broken as below:

3.  REQUIRED DOCUMENTS AND INFORMATION

–       Name and address of the Applicant;

–       List of Goods/Services;

–       Specimen of the applied mark;

–       Notarized Power of Attorney.

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.

Q: We are considering changing our company name and wanted to ask you if we will need to make any changes to the ownership of our trademark if we do so.

Please advise.

A: Thanks for your following letter. It is advised that in case you change your company name, a recordal of this change shall be required.

Please send us a certified copy of document proving the change.

Our fee for this change is: $US80. This excludes 5%VAT.

Q: Regarding the captioned matter, we would ask you as follows:

We are Hongkong company who plan to file a trademark application in Cambodia in future, and would ask you you to make an estimate of the following:

1)  Trademark availability search fee
2)  Trade Mark application filing fee (includes official fee and
attorney’s fee separately) which is the case where the number of
classes and/or designated goods or services is one, two, three, and four
or more.
3)  Fees relating to registration (includes official fee and
attorney’s fee separately) which is the case where the number of
designated goods is one, two, three, and four or more.
4)  Procedure fee against objection (for example filing amendment
and/or argument).

We would appreciate receiving your reply to the above at your
earliest convenience.

A: Thank you very much for your request 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 Cambodia as follows:

 1.FEE FOR REGISTERING TRADEMARK IN CAMBODIA

In Cambodia, single-class applications is applicable. Below is the breakdown of charges for trademark search, trademark filing to registration of in the jurisdction for your consideration:

Notes: The above-quoted include filing, publication, prosecution and registration fees but do not include 5% VAT, bank charge (USD30 per jurisdiction) and actual communication cost (estimated 50USD per jurisdiction). 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 client’s approval.

2.PROCEDURE AND TIMELINE

In Cambodia, the duration for a trademark application from mature to proceed to registration is round 6-9 months from the filing date, involving these stages (1) examination as to formality, (2) examination as to substance and publication on the official Gazette and (3) issuance of registration certificate for the registered mark.

Kindly be noted that the term for registration process may takes longer in practice due to the workload of the TM Office of Cambodia.

 3. REQUIRED DOCUMENTS AND INFORMATION 

–       Name and address of the the Applicant;

–       List of Goods/Services;

–       Specimen of the applied mark (in soft copy);

–       An original notarized Power of Attorney (POA).

Notes:

– For Cambodian applications, the POA must be duly notarized. Please further noted that a scanned/faxed copy of the POA is acceptable upon filing in both countries provided that the original copy is submitted within 01 month from the filing date;

– In Cambodia, class headings and/or general description of designated goods/services are not applicable. The G/S should be correlative to those having code number listed in the Nice classification 10th edition.

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.

Q: Can you please quote us for the following application:

Class 03: Cosmetic

Brand name: ABC

Trademark type: Combined (Wording & Device)

Applican’ts name: Foreign Company in Singapore.

A: As your request, we would like to quote you fee for registering the trademark in Vietnam:

Please review our quotation and revert to us soon so that we will file the trademark application in Vietnam shortly.

We look forward to hearing from you soon.

Thanks for your co-operation.

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.

Q: Our company wants to renew one registered trademark in one class in Vietnam. So, please send to me your best offer along with the required documents?

A: It is our great to hear from you. Much appreciated.

Regarding your enquiries concerning the subject matter, we would like to advise you of the procedure and our fee schedule in relation to renewal of trademark registrations in Vietnam as follows:

1.FEE SCHEDULE

Below is the breakdown of charges for renewal of trademark registrations in Vietnam, in a smooth case, for your reference:

2. PROCEDURE AND TIMELINE 

The duration of renewal of trademark registration is around 04 months – from the filing date to the actual receipt of the recorded-renewal registration.

3. REQUIRED DOCUMENTS AND INFORMATION

– Original of Trademark Registration (if available, otherwise we will record the renewal on NOIP’s database directly)

– An original Power of Attorney (POA) which is simply signed by the owner. You could send us a copy of POA via email to proceed first, the original one shall be submitted later without additional fee.

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.