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(Q&A) Service request – registering trademark for foreign company in Vietnam

By
sblaw
-
registering trademark for foreign company in Vietnam

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&A) Trademark, Patent, Utility Model and Design in Vietnam

By
sblaw
-

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.

How to file patent/utility model applications in Cambodia

By
sblaw
-
How to file patent/utility model applications in cambodia

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.

Recordal of Assignment Request for a Vietnamese Trademark Registration

By
sblaw
-
Vietnamese Trademark Registration

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.

Legal service for industrial design registration procedure in Vietnam

By
sblaw
-
Legal service for industrial design registration procedure in Vietnam

SBLAW provides client with legal service for industrial design registration procedure in Vietnam as follows:

 I.  AUTHORIZED WORKS

  • Providing advices on  the industrial design registration procedure in Vietnam before officially filing Industrial design application in Vietnam
  • Preparing all the necessary forms and documents for Industrial design registration in Vietnam for the CLIENT’s execution;
  • Monitoring and following up the application until the registration process is completed and report to the CLIENT on the application status on periodical status (in correspondence with each statutory examination stage in Vietnam)
  • Reporting, advising, and dealing with any office action from the Registry (if any)
  • Receiving the Patent for Industrial design in Vietnam and hand over to CLIENT (if any);
  • Advising on the use of the Industrial design after protection;
  • Sending reminder to the Client on any statutory deadline in connection with the Patent for Industrial design.

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)

Trademark registration

By
sblaw
-
Trademark registration in vietnam

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.

Vietnam – Quotation for a new trademark

By
sblaw
-

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

  • 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).

Service of Trademark Registration

By
sblaw
-
Fee and required documents for trademark application in Vietnam.

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.

Legal service for registering industrial design in Cambodia.

By
sblaw
-
Legal service for registering industria

SBLAW provides legal service for registering industrial design in Cambodia as follows:

  • Providing advices on the industrial design registration procedure in Cambodia before officially filing Industrial design application in Cambodia.
  • Preparing all the necessary forms and documents for Industrial design registration in Cambodia for the CLIENT’s execution;
  • Monitoring and following up the application until the registration process is completed and report to the CLIENT on the application status on periodical status (in correspondence with each statutory examination stage in Cambodia)
  • Reporting, advising, and dealing with any office action from the Registry (if any)
  • Receiving the Patent for Industrial design in Cambodia and hand over to CLIENT (if any);
  • Advising on the use of the Industrial design after protection;
  • Sending reminder to the Client on any statutory deadline in connection with the Patent for Industrial design.

II.      DETAILS OF PROPOSED INDUSTRIAL DESIGN

No.

Industrial design

Country

1.

Decoration of outer Bus

Cambodia
  1. III.           FEES

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

–     Name and address of the Applicant, Inventor.
–     An original Power of Attorney which is simply signed by the Applicant (our attached form)

Enquiry for National Phase Entry in Vietnam

By
sblaw
-

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.

Fee and required documents for trademark application in Vietnam.

By
sblaw
-
Fee and required documents for trademark application in Vietnam.

SBLAW would like to inform you fee and required documents for filing trademark application in Vietnam for your kind reference:

Necessary documents

–      Power of Attorney (PoA) without notarization (Please see attached file

–      8 samples of mark in case the mark is in color. If the mark is merely word mark             in black and white, we will produce specimens ourselves (size 8cm x 8cm).

–      List of goods/services covering the trademark.

–      Certified Priority documents (if any)

CONDUCT A SEARCH OF TRADEMARK

Before filing trademark to NOIP, you may optionally conduct a search of trademark in order to make sure that your proposed trademark is available for registration in Vietnam. Fee for trademark search in Vietnam shall be as follows:

No

Description

Agency fee (US$)

1

 Conducting a search of trademark (for each class)

100.00

We would like to note that search report of trademark is produced by Winlaw based on the assistance of examiner of NOIP and it is for reference only.

Filing and trademark registration fee (212 USD)

Vietnam accepts multi-class applications, we hereby provided you with the cost of each addition class and the estimated cost for registering a trademark in one class (maximum 6 items of good/services), details as follows:

No

Description

Official charge (US$)

Agency fee (US$)

1

 Filing application for registration of a trademark for the first class (maximum 6 items of goods/services)*

40.00

100.00
– Additional charge for each class from the second one (if any).

33.00

70.00
– Additional charge for each item of good or service from 7th in each class (if any)

7.00

2.40

2

 Claiming priority right (for each earlier application)

36.40

25.00

3

 Registration & granting TM Certificate *

22

[[

50.00
Addition charge for each class of goods or services from the second one. (if any)

6.10

10.00

Total fees (sum of items marked *) for registering an application in one class (maximum 6 items of goods/services)

212 US$

Basic prosecution of the trademark application

A trademark application shall be examined through 2 following steps:

Formality examination. The formality examination takes about 1 months from the filing date. If no error is detected, the Trademark Office shall issue Decision of Acceptance of Legitimate Application. Then, the trademark application shall be published on IP Gazette within 2 months from date issuing of above mentioned Decision .

Substantive examination. The substantive examination takes about 6 months from the issuance date of publication of Trademark on IP Gazette. It concludes whether the applied trademark meets protection criteria in Vietnam.

Under the prevailing law on IP, the total time for straight forwarded registration a trademark from filling to granting Certificate without any delay is 12 months

Q&A about Anti-counterfeiting in Vietnam

By
sblaw
-
Q&A about Anti-counterfeiting in Vietnam

SBLAW would like to provide the client some information about anti-counterfeiting in Vietnam as follows:

Q. Is there any difference between criminal protection and administrative protection? Is it practicable to claim for compensation?

A: Yes, there are differences between criminal protection and administrative protection.

You could only request the authority state bodies to settle an infringement case based on penal code in case the infringement action is carried out on the commercial scale.

The procedure for settling this case will be regulated by the criminal procedure code.

The infringer may be sentenced up to three years of imprisonment. There is not any clear regulation on the commercial scale, however, in practice, it could be considered as the commercial scale in case the value of the infringement products is higher than the amount of 500,000,000 VND (Five hundred million Dong) equivalent to $US25,000.

Regarding the administrative protection, the infringer may be imposed a fine with the highest amount is 500,000,000 VND (Five hundred millions Dong) – about 25,000 USD.

Regarding the claim for compensation, please be confirmed that you always have the right to claim for compensation in case the infringement action leads to your actual damage.

You could claim the compensation at criminal court or civil court but not administrative procedure.

However, at any time, you could negotiate this matter with the infringer. You are required to prove your actual damage, in case you could not prove this matter, the compensation will be judged by the court and the highest amount of the compensation is 500,000,000VND (Five hundred million Dong) – about 25,000 USD.

Q: What documents must be prepared for conducting an action?

 A: In order to conduct an action in Vietnam, you are required to submit the following documents:

– The document proving your right with the intellectual protection object, i.e. trademark, design, patent or copyright;

– The document/information proving the infringement action of the infringer;

-The conclusion of examination of Vietnam Authority, namely Vietnam Intellectual Property Research Institute (VIPRI); Enforcement of Intellectual property shall be proceeded only if the Authority concluded that there is a infringement to your rights. We could conduct this work for you.

– The information of the infringer such as name, address;

– The notarized and legalized Power of Attorney;

– The sample or picture of the infringement products.

Q: How to carry out the trademark protection action in Vietnam? Is there any standard procedure? Which enforcement authorities have the rights to carry out the raid action?

A: The following steps are the procedure for settling an IP infringement in Vietnam:

-Step 1: Investigating and collecting the evidence for proving the infringement. We could assist you in performing this step.

-Step 2: Requesting VIPRI to examine whether the alleged products could be considered as the infringement element against your protected right or not? It is not a compulsory action but the conclusion of examination will be the most important evidence for settling the case.

-Step 3: Based on the conclusion of VIPRI and your request, you could take the following measure for settling the infringement action:

i. Sending a warning letter: We will send a warning letter to the infringer and request them to stop the infringement. It is not compulsory action but recommended.

ii. Request the authority state bodies to handle and settle the infringement action based on the criminal or administrative procedure depending on the result of Step 1 and Step 2. With the administrative procedure, it may take about 3-12 months with the administrative procedure or about 12 – 18 months with the criminal procedure based on the complication of each case.

iii. Bringing the case before a civil court.

The police and/or the inspector of Ministry of Science and Technology (MOST) or Department of Science and Technology of province (DOST) will have the right to carry out the raid action.

Namely, checking the office/store/manufacturer of the infringer based on a request of the owner of the intellectual property right.

Q. After completing a raid action, is there any requirement for identifying infringing products? Is an identification report issued by the intellectual property right holder at its headquarter in its mainland country, e.g. Germany, or by others? If yes, it there any requirement for the time of identification? Is it possible to apply for sampling inspection?

A. In practice, the authority state bodies will perform the raid action based on a request in which the holder of the intellectual property object must submit the evidence proving the infringement action and the conclusion of examination of VIPRI.

The holder may be required to submit an identification report in case the authority state bodies need the further evaluation. The time limit for this action will be set by the authority state bodies. You always have the right to apply for sampling inspection.

Q. How those seized products will be dealt with? Will they be destroyed and if so, will any additional expense occur? Are there any measures, such as fine, mandatory measure, etc., taken for infringers?

A: The seized products will be destroyed in case the infringement element could not be removed from the products. In case the infringement element may be removed from the seized products, the infringer is requested to take this action.

The seized products may be sell without the profit by the authority state bodies in case this action is not against the right of the owner as well as the public. The expenses occur will be paid by the infringer.

The infringer will be punished a fine in case their action is concluded the infringement action against the right of others. The highest amount of the fine is 500,000,000 VND, about $US25,000, depending on the volume of the infringement products.

Q. What is the cost for you to carry out such cases?

A: Our estimated cost will be calculated as below table:

No.

Work

Our agency fee (USD)

1

 Investigating the infringer 800 – 5,000 depending on the scale/complication of the investigation. Please provide us more detail of the infringer so that we could fix the quotation.

2

 Requesting VIPRI to examine (per request/per class of goods/services). 500.00

3

 Sending the warning letter (per time) 350.00

4

 Requesting the authority state bodies to handle and settle the case 3,000 – 7,000 depending on the scale/complication of each case

5

 Bringing the case to the court (criminal or civil court) 4,000 – 7,000 depending on the scale/complication of each case.

The above fee is exclusive 5-10% VAT of our agency fee and the disbursement fee such as fee for traveling, translation fee ($US6/100 words), and the fee for notarization or legalization. We will inform you the disbursement fee for your consideration before taking any action.

Q. Any other involved problems in the actual action, if yes, please kindly tell us

A: It is really difficult to remark this matter with you at this time. However, we will give you our advice with any arising problem in each case based on the provided information from your side or from the result of the investigation.

 

Design registration for company

By
sblaw
-

Question:  I would like to register some furniture designs in Vietnam.

Please an example of the paper work of my designs (4 pages with technical drawing). Could you advise the cost per designs and time scale to register such designs in Vietnam?
Thank you
Answer:  Regarding your enquiry concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the industrial design registration proceeding in Vietnam as follows:
1. Procedure

 

a. Protection criteria:  An industrial design shall be eligible for protection in the form of the grant of a Patent forIndustrial design when it satisfies the following conditions:

Being new

Being creative

Being susceptible of industrial application

Industrial Design

P

P

P

 

b. Validity of Patent for Industrial design:

Patent for Industrial design shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years.

 

c. 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:

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 02 months from the date of acceptance of application Publishing application in IP Gazette
Substantive examination 9-12 months from the publication date Examination of criteria of protection of the industrial design application

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 an industrial design application, the following documents/information should be provided:

– 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:

+ Applicant

+ author(s) of the industrial design

– Photographs/drawings of the industrial design (preferably in soft file).

2. Fee schedule

The basic fees are calculated based on the number of variation and Photographs/drawings of the industrial design. Fee for filing an industrial design application with 01 variation and maximum 07 photographs/drawings, in the smooth case, is US$400.00 (Four hundred US Dollars)

Note:  All above fees are exclusive of: Appeal fee to Office action (if any), Value Added Tax (VAT) : 5% of our agency fee, claiming priority, and actual communication fee.

We hope the above is of your assistance. Should you have any further inquiries, please do not hesitate to contact us.

Inquiry for Brand registration in Southeast Asian countries

By
sblaw
-

Client: Our company located in Singapore and exported our cosmetics to southeast asian countries.

For this reason we would like to apply for our main brand to Hongkong, Vietnam,Malay Indonesia and India.

Pleasel let us know if you can apply for our company and estimation for registration fee and total expenses for management and necessity document.

Your early reply would be highly appreciate.

Quotation for Vietnam trademark registration

By
sblaw
-
Question: Could you please send me a fee quote for the following:

1) Registration of a word mark (English word mark);
2) Registration of a word mark (Vietnamese word mark); and
3) Registration of a logo

in Vietnam?
Many thanks 

Answer:  We refer to your below email  concerning the subject matter. In the response, we would like to give you our quotation for trademark registration in Vietnam as follow:

 
1. FEES
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 three trademarks in one class in Vietnam, in a smooth case, for your consideration:

Description

Official fee

(USD)

Attorney’s fee

(USD)

Total

(USD)
1.    Fee for registration of one (1) word mark (in English) in one class

60.00

180.00

240.00
2.    Fee for registration of one (1) word mark (in Vietnamese) in one class

60.00

180.00

240.00
3.    Fee for registration of one (1) logo mark in one class

60.00

180.00

240.00
4.    Extra fee for each additional class of goods/services in the application (if any)

35.00

150.00

185.00
5.    Extra fee for each additional item of goods/services in exceed of 6 in each class (if any)

7.00

3.00

10.00

 

Accordingly, assuming that the applications cover one (01) class of goods and service, the fees for registration of 03 trademarks are US$720.00. The quoted fees include fee for filing, prosecuting the application and issuance of registration certificate (if your mark is qualified for registration) but exclude disbursements such as 5% VAT, actual communication cost (around US$30.00) and bank charge (US$20, if the money is transferred oversea). Further, the quoted fees is applied forstraightforward applications only. In case of any office action or any possible opposition which may occur during the application prosecution, an additional charge on hourly basis (at the rate of US$100/h) would be incurred, upon the your approval (minimum US$250).

 

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 INFORMATION AND DOCUMENT

– 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 (our form in attachment).

​We trust the above is of your assistance. Should you have additional question or comment, kindly revert to us. We look forward to further cooperation with you.​
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