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:
|
Country |
Description |
Official fee (USD) |
Attorney’s fee (USD) |
|
Cambodia |
Trademark search per class
|
100.00 |
80.00 |
| Trademark filing to registration |
220 |
150 |
|
| Recording amendment of name/address |
100 |
80 |
|
| Response to office action |
Case by case but at least $250 |
||
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:
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| 1. Fee for filing to registration an application forone class of G/S with up to 6 items |
60.00 |
150.00
|
| 3. Communication fee |
– |
35.00 |
|
Sub-total (number in bold): |
245.00 |
|
|
5% VAT: |
12.25 |
|
|
Bank charge: |
20.00 |
|
|
Total: |
277.25 |
|
|
In words:Two hundred and seventy seven US dollars and twenty five cents only |
||
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:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Fee for renewal of 01 trademark registration with one class of G/S |
40 |
140 |
| 2. Communication fee |
35 |
|
|
Subtotal |
215 |
|
|
5% VAT |
10.75 |
|
|
Bank charge |
20 |
|
|
Total |
245.75 |
|
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.
Q: Could you please make a quote on your service for registering new trademarks for French company. Also, please specify the processing time of doing so.
We are considering 4 to 6 new trademarks, Looking to hearing from you soon
A: Thank you very much for your email today 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.
Below is the breakdown of charges for registering a trademark in Vietnam, in a smooth case, for your consideration:
– Search availability of trademark
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| 1. Fee for conducting a trademark search in one class (optional) |
– |
80.00 |
Note: the above excludes 5%VAT.
– Trademark registration
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| 1. Fee for registration application for one class of G/S with up to 6 products/services in one class(including fee for granting certificate) |
80.00
|
230.00
|
| 3. Fee for registration application for each additional good from the 7th G/S (if any) |
6.00 |
9.00 |
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. PROCEDURE AND TIMELINE
The duration of a trademark application is around 14-18 months – from the filing date to the actual receipt of the registration. This includes 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.
3. 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.
Q: We’re an IP firm in HongKong. We have clients interested in registering patent, utility model, design and trademarks in Vietnam. Could you please send us your fee schedule with the best price you could offer, and forms required for filing?
A: As the leading Vietnamese IP law firm, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner. We hope to build up a long-term business relationship with your esteemed firm in the next time.
Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our fee schedule in relation to trademark, patent, utility model and design in Vietnam as follows:
I. TRADEMARK
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 one trademark in three classes in Vietnam, in a smooth case, for your consideration:
1.1. TRADEMARK SEARCH
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| Trademark Search |
|
|
| Fee for conducting a trademark search in one classt |
– |
60.00 |
Note: The above-quoted fees do not include 5% VAT, bank charge (USD25) and actual communication cost.
1.2. TRADEMARK REGISTRATION
|
Trademark Registration |
|
|
|
1. Fee for filing an application for one class of G/S with up to 6 services – Fee for each additional class from 2nd one – Fee for an additional item of services from the 6th |
40.00
33.00 7.00 |
120.00
70.00 5.00 |
| 2. Fee for claiming priority (if any) |
37.00 |
30.00 |
|
3. Fee for granting a registration certificate for one trademark in one class of G/S; – for two additional classes of G/S in the application (USD 16.00 per class) |
20.00
6.00 |
40.00
10.00 |
Note: The above-quoted fees do not include 5% VAT, bank chargeand 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 client’s approval.
1.3. PROCEDURE AND TIMELINE
The duration for a trademark application from mature to proceed to registration is round 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.
1.4. REQUIRED DOCUMENTS AND INFORMATION
– 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);
– Name and address of Applicant;
– List of goods/services (the provided list is acceptable as per Vietnam Law and practice)
II. PATENT AND UTILITY MODEL
1. Procedure
a. Protection criteria:
A patent shall be eligible for protection in the form of the grant of a Patent for Invention/Utility Solution when it satisfies the following conditions:
|
Being novel |
Being of an inventive step |
Being susceptible of industrial application |
|
|
Patent for invention |
P |
P |
P |
|
Patent for utility solution |
P |
P |
b. Validity of Patent for Patent/Utility Solution:
Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.
Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.
c. Procedure and timeline:
A patent application will be examined through the following process:
|
Time Frame |
Content of examination |
|
| Formality examination | 1-3 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents | Examination of formality of the patent application |
| Publication | 19 months from the date of acceptance of application (if no request for early publication) | Publishing application in IP Gazette |
| Substantive examination | 18 months from date or the date of filing of the request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) | Examination of criteria of protection of the patent application |
| Granting | 01-03 months from the date of Notification to Grant Patent for Invention/Utility solution | – The Applicant pay the registration and publication fees- Publishing the Patent in IP Gazette |
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
d. Required documents and information:
For us to filing a patent application, the following documents/information should be provided:
1. The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date). Please find enclosed the form of POA for your simple prosecution;
2. Name and address:
– Applicant;
– Author(s) of the invention/utility solution.
3. A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.
2. Fee schedule
The basic fees are calculated based on the number of independent claim, pages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:
i. Filing fees:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification) |
11.00 |
110.00 |
| – Addition charge for each independent claim from the second one |
11.00 |
40.00 |
| – Additional charge for each page from the sixth one |
0.70 |
1.00 |
| 2. Claiming priority right (if any) |
36.40 |
50.00 |
| 3. Publication of invention/utility solution application |
7.30 |
40.00 |
| 4. Request for substantive examination for each independent claim |
32.80 |
50.00 |
| 5. Translating fee from English/Chinese into Vietnamese: 100 words |
– |
7.00 |
ii. Estimated fee for granting:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Granting patent for invention/utility solution (including Register and Publication) |
22.00 |
50.00 |
| – Additional charge for each independent claim from the second one |
22.00 |
0.00 |
| 2. Annuities fee for the 1st year for the 1st independent claim |
20.00 |
50.00 |
| – Additional charge for each independent claim from the second one |
20.00 |
10.00 |
Note: The above cost does not include 5% VAT (which is calculated based on our attorney’s fees), bank charge and communication costs (which will be billed on the basic of actual expenses). No other fees are payable in case the application goes smoothly, without any objection from a third party or the NOIP’s examiner. Fees for responding to any official action include fee for filing a response to official action (at least US$50.00 each time, including official fee and our service charge) and fee for advising, preparing and reviewing which will be charged on an hourly basis at the rate of US$300/hour. We will obtain client’s approval of any further expenses incurred during the prosecution of the application prior to proceeding.
III. DESIGN
1. Time Frame of industrial design registration in Vietnam
Industrial Design Application in Vietnam shall be passed through three stages:
|
Time Frame |
Content of Examination |
|
| Formality examination | 1 month from the filing date (if all required document is submitted) or from the date of supplementation of all documents. | Examination of formality of industrial design application |
| Publication of industrial design application
|
2 months counted from the date of acceptance of industrial design application | Publishing industrial design application in IP Gazette |
| Substantive examination | 9-10 months from the publication date of required date | Examination of criteria of protection of industrial design application. |
2. Required document for filing industrial design application in Vietnam
– Power of Attorney (provided by S&B LAW).
– Name and address of
+ Applicant
+ Designer
– Title of industrial design
– Six (05) sets of photographs/drawings in the same ratio comprising front, back, top, bottom, left, right and perspective views. Dimension of representation should not be larger than 210 mm x 297 mm (A4 size) and not be smaller than 90 mm x 120 mm.
3. Estimated Cost For Industrial Design Application In Vietnam (Full schedule of fee, kindly see attached file)
|
Works |
Official fees (US$) |
Agency fee (US$) |
| 1. Filing application for registration of an ID (for each variation, inclusive of filing fee, substantive examination and information search) |
36 |
120 |
| – Additional charge for each additional variation from 2nd one |
36 |
90 |
| – Additional charge for each figure from 2nd one |
3.4 |
10 |
| 2. Claiming priority right (for each earlier priority) |
36 |
40.00 |
| 3. Granting patents for industrial design (including Register and Publication) (*) |
21.5 |
50 |
| – Additional charge for each figure from 2nd one |
7.3 |
0 |
| 4. Preparing description of industrial design (*) |
0 |
50.00 |
| Minimum Total Fee – sum of those marked with (*) |
277.5 USD |
|
Note: The above fees are exclusive of: The translation fee: US$ 6/ 100 English words, Appeal fee (if any), actual Communication expenses; Value Added Tax (VAT) : 5% of our agency fees
The above is our advice of documents and fees for filing patent and trademark registration, industrial design in Vietnam. Should you have any inquiry, please do not hesitate to contact us.
SBLAW would like to provide the client information on filling patent/utility model applications in Cambodia for your kind consideration:
A- How to Apply Patent/Utility Model Applications
Agent/Attorney representing applicant should file application, at the Department of Industrial Property (DIP), Ministry of Industry, Mines and Energy.
Application should contain:
1. A request (application)
2. A description
3. One or more claims
4. An abstract, and
5. One or more drawings (where required).
B- Claiming Priority
Application may contain claiming priority of one or more earlier national of Paris Convention or WTO.
Where the application contains a Declaration of Claiming Priority, applicant must furnish a copy of an earlier application certified by the Office that the application was filed.
1- The Declaration of Claiming Priority shall be made at the time of filing the application for the patent or utility model certificate and shall indicate:
a- the filing date of the earlier application
b- the number of the earlier application
c- the symbol of the International Patent Classification which has been allocated to the earlier application
d- the State in which the earlier application was filed or, the State or States for which it was filed where the earlier application is a regional or an international application
e- the Office which it was filed, where the earlier application is a regional or an international application
2- Where at the time of filing the declaration referred to in paragraph (1), the number of the earlier application is not known, that number shall be furnished within the period of sixteen (16) months after the priority date
3- Where a symbol of the International Patent Classification has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in paragraph (1), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.
4- The applicant may, at any time before the grant of the patent or utility model certificate, amend the contents of the declaration referred to in paragraph (1).
5- The period for furnishing the certified copy of the earlier application shall be three (3) months from the date of the request of Registrar. Where the certified copy of the earlier application has already been furnished for another application, the applicant may respond by making a reference to that other application.
6- Where the earlier application is in a language other than Khmer, the applicant shall, within six (6) months from the date of the aforementioned request of the Registrar, furnish Khmer translation text of the earlier application.
7- Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one (1) copy.
C- Information Concerning Corresponding Foreign Application and Patent
1. At the request of Registrar, applicant shall provide the date and number of any application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed at the DIP
2. Applicant shall, at the request of the Register, provide the following documents relating to one or more of the foreign applications:
a- a copy of any communication received by the applicant concerning the results of any search or examination carried out in respect of application;
b- a copy of the patent granted on the basis of the foreign application;
c- a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.
3. Applicant shall, at the request of the Registrar, provide a copy of any final decision invalidating the patent granted on the basis of the foreign application.
D- Time for Furnishing Information Concerning Corresponding Foreign Application and Patent
Time for furnishing information concerning corresponding of foreign application shall be indicated as the followings:
1- The time limits to be specified for furnishing the information shall not be more than six (6) months from the date such a request is made. Upon a reasoned request by the applicant, the Registrar may extend such time limit.
2- If the applicant replies that the documents requested by Registrar are not yet available, the Registrar may suspend the procedure for the examination of the application until such time as the documents are furnished.
E- Withdrawal and Amendment of Application
Withdrawal and amendment of application shall be executed as following:
1- The application can be withdrawn by written declaration submitted to the Registrar and signed by each applicant.
2- The fee related to the application shall not be refunded if the application is withdrawn.
3- Any amendment shall be made by writting together with the payment of the prescribed fee.
F- Language
1- Application and related document should be in Khmer (National language of Cambodia), or
2- Where the application and documents were in Khmer or in languages other than English, it should be translated in to English for the purpose of searching and examination, and shall submit to the Registrar within six (6) months from the filling date.
3- Application and related documents in English is acceptable at the time of filing, but applicant should submit the Khmer version later. Application Form (No. 1P/UM) in Khmer should be submitted within three (03) working days. The remaining of related documents in Khmer should be submitted within 6 months from the date of filling.
G- Number of Documents and Physical Requirements
1- The application and any accompanying statements or documents shall be submitted to the Registrar in three (3) copies. However, the Registrar may require the applicant to supply additional copies as it is necessary.
2- All elements of the application shall be so presented as to admit direct reproduction by photography, electrostatic processes, photo offset and microfilming.
3- Only one side of each sheet contained in the application shall be used.
4- All elements of the application shall be on paper which is flexible, strong, white, smooth, non-shiny and durable.
5- The size of the sheets shall be A4 (29.7cm x 21cm), although the Registrar may accept sheets of other sizes.
6- The minimum margins of sheets shall be as following:
a- upper margin of each page, except the first page: 2 cm
b- upper margin of the first page: 3 cm
c- side margin adjacent to the binding: 2.5 cm
d- other side margin: 2 cm
e- bottom margin: 2 cm
7- Others requirement for paper sheets shall be executed as following:
a- All sheets shall be numbered at the top of the sheet, in the middle, in consecutive numerals.
b- In effecting the sequential numbering of the sheets, the elements of the application shall be placed in the following order: the request, the description, the claims, the abstract, the drawings.
c- The sequential numbering of the sheets shall be effected by using three separate series of numbering, the first series applying to the request only and commencing with the first sheet of the request, the second series commencing with the first sheet of the description and continuing through the claims until the last sheet of the abstract, and the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings.
8- The text matter of the application shall be typed; graphic symbols, chemical or mathematical formula and certain characters, if necessary, may be handwritten or drawn.
9- Drawings shall be executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes without colourings.
H- Power of attorney
1- The notarized Power of Attorney shall be accompanied with application or shall submit within two (2) months from the filling date.
2- If the appointment of the notarized Power of Attorney is not made as referred to paragraph (2), any procedural steps taken by the agent, other than the filling of application, shall be deemed not to have been taken.
Q: We are foreign company and would like to entrust your firm for the filing of a recordal of assignment request for the above-referenced Vietnamese trademark registration.
Please kindly advise us of your total charges for filing a recordal of assignment request for the above-referenced Vietnamese Trademark Registration, including both your attorney fees, the official fees, approximate disbursements and tax, if any, and all the documents needed for filing such request, and if notarization or legalization will be required.
Please further advise us of the time required for such recordal to be completed. It will be really appreciated that if you can provide us with all the required forms and your schedule of charge.
A: Thank you very much for your email of today regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our fee schedule in trademark assignment recordal in Vietnam as follows:
1. Fee Schedule
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| 1. Recordal of trademark assignment for Trademark Registration |
40.00 |
120.00 |
| 2. 5% VAT |
8.00 |
|
| 3. Communication cost |
30.00 |
|
|
Bank charge |
25.00 |
|
|
Total |
223.00 |
|
In word: Two hundred and twenty three US dollar
2. Procedure and timeline
Normally, the assignment recordal will be processed within 5-7 months from the filing date in case of no office action raised in the examination process. Otherwise, the time may take longer in 2-3 months.
3. Required information and documents
– Name and address of the Assignor and Assignee;
– An original Power of Attorney which is signed by the Requester (Assignor or Assignee as agreed in the Deed of Assignment);
– The original registration certificates for endorsement purpose;
– Two (02) original or certified true copies of the Deed of Assignment.
Notes: In the Agreement, the oversea company/individual is required to sign only (Both assignor and assignee has to sign on each page of the assignment). Neither notarization nor legalization is required. If one of involved party is a local company, the Agreement should be signed and sealed (also in every pages of the Agreement).
For your information, as stipulated, the Deed of Agreement should include but not limited to the following contents:
– Name and address of the Assignor and Assignee;
– Details of the Assigned Trademark including trademark, registration number, class of goods/services, issuance date of the registration;
– Assignment fee (actual or nominal fee are both acceptable)
– Rights and obligations of involved parties;
– Regulations on amendment, termination, dispute settlement;
– Time and place of signing the Agreement.
Notes:
For Vietnamese applications, the POA is simply signed by the Applicant only. No notarization or legalization is required. Please further noted that a scanned/faxed copy of the POA is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date. In addition, class headings and/or general description of designated goods/services are not applicable in Vietnam. 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.
SBLAW provides client with legal service for industrial design registration procedure in Vietnam as follows:
I. AUTHORIZED WORKS
II. PROCEDURE AND TIMELINE:
The duration for an industrial design application from mature to proceed to registration is around 12 – 16 months from the filing date. An industrial design application in Vietnam shall be passed through the following stages:
|
Stages |
Time Frame |
Content of examination |
|
Formality examination |
1-2 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents. | Examination of formality of the industrial design application |
|
Publication of industrial design application |
02 months counted from the date of acceptance of application |
Publishing application in IP Gazette |
|
Substantive examination |
9-10 months from the publication date of required date |
Examination of criteria of protection of the industrial design application. |
III. REQUIRED INFORMATION AND DOCUMENTS
– Name and address of the Applicant, Inventor.
– An original Power of Attorney which is simply signed by the Applicant (our attached form)
Client: I’m a trademark attorney from Russia. My client is interested in trademark (word mark, 1 class) registration in Vietnam. Will you inform me about our service cost, official fees and the time it will take to finish the registration procedure?
Lawyer: Thank for your email regarding the subject matter. As the leading IP Firm in Vietnam, 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.
Below is the breakdown of charges for registering a trademark in 01 class in Vietnam, in a smooth case, for your consideration:
1. 1 Trademark Search
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| 1. Fee for conducting a trademark search in one class (optional) |
– |
80.00 |
Note: The above fee exclude 5%VAT and actual communication fee ($US20)
1.2 Trademark filing to registration
|
Description |
Official Fees (USD) |
Attorney’s fee (USD) |
| 1. Filing Fee for trademark application for one class of G/S with up to 6 products/servicesin one class |
40.00
|
140.00
|
| – Additional fee for each items from 6th ones in one class |
7.00 |
8.00 |
| 2. Fee for registration of trademark in one class |
20.00 |
50.00 |
|
Sub- Total (1+2): |
60.00 |
190.00 |
|
Total |
250.00 |
|
Note: The above-quoted fees do not include 5% VAT of our service charge, bank charges ($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. PROCEDURE AND TIMELINE
The duration of a trademark application is around 14-18 months – from the filing date to the actual receipt of the registration. Procedure 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.
3. 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.
SBLAW would like to advise client 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.
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 a trademark search in one class (optional) |
– |
50.00 |
| 2. Fee for registration application for the first class of G/S with up to 6 products/services in one class (including fee for granting certificate) |
80.00
|
130.00
|
| 3. Fee for registration application for each additional class from the second one (including fee for granting certificate) |
50.00 |
112.00 |
| 4. Fee for registration application for each additional good from the 7th G/S |
6.00 |
9.00 |
|
Sub- Total (1+2): |
80.00 |
180.00 |
|
Total (1+2) |
260.00 |
|
In word: Two hundred and sixty-six US dollars
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 processing, an additional charge may be incurred, upon your approval
2. PROCEDURE AND TIMELINE
The duration of a trademark application is around 14-18 months – from the filing date to the actual receipt of the registration. The price 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.
3. REQUIRED DOCUMENTS AND INFORMATION
Client: Our client is seeking assistance in the registration of trademarks in Vietnam. They would like to register 2 trademark registration for 2 items: logo and slogan, in the following classes of goods / services: 16, 35, 38 and 42.
Can you let us have the general information on your services, i.e. the documents required, estimated timeline and fee quote for such trademark registration.
Lawyer: Thank you very much for your interest in our intellectual property services.
As one of the leadingVietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner. For your further information, we cordially invite you to visit our official website at www.sblaw.vn.
Regarding your enquiries concerning the subject matter, we would like to advise you our fee schedule in relation to the trademark registration 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.
2. PROCEDURE AND TIMELINE
In Vietnam, the duration for a trademark application from mature to proceed to registration is round 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 (9-12 months) and (3) issuance of registration certificate for the registered mark (3-4 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. 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 Power of Attorney which is signed and sealed by the Applicant.
We trust 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 provides legal service for registering industrial design in Cambodia as follows:
II. DETAILS OF PROPOSED INDUSTRIAL DESIGN
|
No. |
Industrial design |
Country |
|
1. |
Decoration of outer Bus |
Cambodia |
|
Description |
Fees (Including offical fees and Attorney’s fees) (VND) |
|
1. Fee for filing and granting Patents for 01 Industrial designs |
20.000.000 VND |
|
TOTAL:
|
20.000.000 VND |
|
In words: Twenty million Vietnam Dongs only |
|
Note: 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.
IV. PAYMENT TERM
|
Phase |
Payment time |
Số tiền thanh toán (VND) |
|
Phase 1 |
Upon signing the contract |
15.000.000 |
|
Phase 2 |
Upon receipt of filing receipt of industrial design application of National Office of Intellectual Property from SBLaw |
5.000.000 |
V. REQUIRED INFORMATION AND DOCUMENTS
Client: We have a client is considering filing national phase entry in Vietnam. The patent has 01 independent claims, 19 pages of English specification and 3,085 words of specification.
Please provide us with your cost estimate (inclusive of official fees, translation costs, your professional fees and disbursements) for entering this application in Vietnam.
We await your response in due course.
Lawer: We refer with thanks to your email concerning the above matter and we would like to advise as below:
1. The schedule of charge
i.Filing fees:
For your reference, the estimated costs for filing a patent application are calculated based on 01 independent claims, 19 pages of English specification and 3,085 words of specification.
Detail as follows:
|
Work |
Official fee (USD) |
Attorney’s fee (USD) |
| 1. Filing an patent application (with one independent claim and not exceed 5 pages of specification) |
11.00 |
140.00 |
| – Additional fee for 13 pages from the sixth one |
9.10 |
13.00 |
| 2. Publication of patent application |
7.30 |
45.00 |
| 3. Request for substantive examination |
32.80 |
50.00 |
| 4. Claim priority |
30 |
50 |
| 4. Translating fee from English into Vietnamese, 3,085 words(US$8.00 per 100 words) |
– |
246.80 |
|
Subtotal: |
90.20 |
544.80 |
|
VAT (5%): |
27.24 |
|
|
Communication fee: |
50.00 |
|
|
Bank charge: |
20.00 |
|
|
TOTAL: |
732.24 |
|
|
In words: Seven hundred and thirty two US Dollars and twenty four cents only |
||
ii. Estimated fee for granting:
|
Work |
Official fee (USD) |
Agency fee (USD) |
| 1. Granting patent for patent (including Register and Publication) |
22.00 |
70.00 |
| 2. Annuities fee for the first year for one independent claim |
20.00 |
50.00 |
|
Subtotal: |
42.00 |
140.00 |
|
VAT (5%): |
7.00 |
|
|
Communication fee: |
50.00 |
|
|
Bank charge: |
20.00 |
|
|
TOTAL: |
259.00 |
|
|
In words: Two hundred and fifty nine US Dollars |
||
Note: No other fees are payable in case the application goes smoothly, without any objection from a third party or the NOIP’s examiner. Fees for responding to any official action include fee for filing a response to official action (at least US$250.00 each time, including official fee and our service charge) and fee for advising, preparing and reviewing which will be charged on case by case. We will obtain client’s approval of any further expenses incurred during the prosecution of the application prior to proceeding.
2. The required documents
In order to file patent application in Vietnam, your client is required to provide with us the following document:
i) The Power of Attorney (as attached form) which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 03 month from the filing date). Please find enclosed the form of POA for your simple prosecution
We do hope that the above mentioned matter will be useful for you. Should you have any enquiry, please do not hesitate to contact us.
