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Protection of Utility Model in Vietnam

By
sblaw
-

SBLAW would like to introduct the procedure of filing utility model in Vietnam as follows:

 

1. Criteria for protection of utility model (utility solution) under the Vietnam IP Law:

  • Novelty
  • Industrial applicability

2. Time Frame of utility solution (utility model) application in Vietnam as follows:

A Vietnam utility model (utility solution) shall be passed through three stages:

Time Frame

Content of examination
Formality examination of utility model application/utility solution application in vietnam 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 utility model application/utility solution application
Publication of utility model application/utility solution application 19 months counted from the date of acceptance of utility model application/utility solution application Publishing utility model application/utility solution application in IP Gazette
Substantive examination of utility model application/utility solution application 13 months from the publication date of required date Examination of criteria of protection of utility model application/utility solution application.

 

3. Required document for filing utility model application in Vietnam/ utility model application/utility solution application in Vietnam

  • Specification of utility model/utility solution
  • Power of Attorney (POA)
  • Certified document for claiming priority right (if any).

Note:

  • Utility model application/utility solution application claiming Paris Convention priority must be filed within 12 months from the priority date.
  • In Vietnam, the process of utility model application/utility solution application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.
  • After receiving the above mentioned document, we will prepare and file patent application into NOIP.

4. Validity of protection of Utility Model in Vietnam as follows:

Under the Vietnam IP LAW, Validity of protection of Utility Model in Vietnam is 10 years counted from the filing date.

What is the purpose of registering the company name?

By
sblaw
-

Questions: What is the purpose of registering the company name? Please advise how long it takes to receive trademark registration?

Answer: Regarding the purpose of registering your company name, it is to avoid other people trading under your company name in Vietnam. It shall ensure that you will have exclusive rights to the trademark and enforce your rights.

It is highly recommended that you should register your company. If you successfully register your company name, any one using your company as a part of the whole trademark.


Regarding time frame of trademark registration in Vietnam, it shall take one day to receive filing applications number and filing date; 11-13 months to receive the final decision on registrability of this trademark.

Recordal of the assignment of trade mark

By
sblaw
-
Search and protect his trademark in Vietnam

Question:  Please advise the documentation required to attend to the recordal of the assignment of the marks into the new owner’s name?

Answer: SBLAW would like to advise you on procedure and our fee schedule in relation to trademark assignment recordal in Vietnam as follows:

1. Procedure and timeline

Normally, the assignment recordal will be processed within 4-6 months from the filing date in case of no office action raised during the examination process. Otherwise, the term may take longer to a further 2-3 months.

2. Required information and documents

To proceed with the recordal, the following information/documents are required

(i) Name and address of the Assignor and Assignee;

(ii) Original Powers of Attorney which are signed by both Assignor or Assignee. No notarization or legalization is required.

(iii) The original registration certificates for endorsement purpose;

(iv) Two (02) original or certified true copies of the Deed of Assignment.

Notes: The Deed of Assignment should be signed by both Assignor and Assignee in each page thereof.

No notarization or legalization is required.

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.

Vietnam– Recordal of Trademark License Agreement

By
sblaw
-
trademark in vietnam

SBLAW would like to advise you on procedure for recordal of trademark license agreement and the related matters as follows:

1.BRIEF ON PROCEDURE

Licensing means the trademark owner (the Licensor) grants a permit to a third party (the Licensee) in order to commercially use the trademark legally1 grant a permit to one or various individuals/legal entities to use his mark while the ownership towards the licensed trademark is still belong to the Licensor.

The License Agreement should be in written form. To be effective to any third party, the License Agreement must be recorded with the competent authority (Trademark Office of Vietnam – NOIP).

The most important condition for such a recordal is that the licensed trademark acquires protection in Vietnam and only when the registration certificate for the licensed mark is issued, can the recordal be proceeded before the NOIP.

As stipulated, the License Agreement should include but not limited to the following contents:

– Name and address of the Licensor and Licensee;

– Details of the Licensed Trademark including trademark, registration number, class of goods/services, issuance date of the registration;

– Scope of license including type of contract (exclusive or non exclusive); territory the license covers, period for the license;

– License 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.

2.REQUIRED INFORMATION/DOCUMENTS

To proceed with the recordal of license agreement, the following information/documents must be provided:

• 02 original copies of the License Agreement;

• A simple copy of the registration certificate of licensed mark;

• An original Power of Attorney signed by the Requester.

Notes: In the Agreement, the Licensor (oversea company/individual) is required to sign only (on each page of the Agreement). No notarization or legalization is required. For the Licensee (local company), the Agreement should be signed and sealed (also in every pages of the Agreement).

3.TIME LINE

As stipulated, the statutory time for recordal of a Licensed Agreement is 5-6 months from the filing date. It however may take longer in practice due to the backlog of the NOIP (1-2 months). During the prosecution, we will follow up the case, dealing with any office action (if any) and report to you once the recordal completes.

Required documents for settling the infringement and border control in Vietnam

By
sblaw
-
Recordal of assignment/licence agreement of trademark in Vietnam

SBLAW would like to inform you the required documents for settling the infringement and border control in Vietnam as below:

1.The required document for settling the IP infringement action of Infringer Company

In order to settle the infringement action of infringer, please prepare and send us the following documents/samples:

– 04 notarized and legalized POA (as attached file, it will also used for border control);

– 04 notarized and/or legalized copies of all certificate of trademark registration (it will also used for border control);

– 02 sample of infringer’s product;

-The bill of infringer Company .

The time frame for settling the infringement action of infringer could be estimated as below:

 – Filing the request for examination: 3 working days from the received date of all necessary documents from your side;

– Obtaining the examination result: 15-20 working days counted from the filing date of the request;

– Request the inspector of Ministry of Science and Technology to handle and settle the infringement: 03 working days based on your instruction;

– Obtaining the result of the inspection: 4-9 months depending on the workload and complication of the case.

2.  The required documents for requesting the customs to carry out the border control

– The list of legal importer/exporter of products bearing the protected trademark;

– The pictures of authentic products;

– The documents proving the origin of the authentic products (if any);

– The method of import/export of the legal importers/exporters in Vietnam (if any)

The time frame for this work is 30 working days counted from the filing date of the application to General Department of Customs.

Quotation for trademark registration and assignment in Vietnam

By
sblaw
-
trademark in vietnam

SBLAW would like to advise you on procedure and our fee schedule in relation to the trademark registration and trademark assignment recordal in Vietnam as follows

I.TRADEMARK ASSIGNMENT RECORDAL

 1. Fee Schedule

Description

Official Fees

(USD)

Attorney’s fee

(USD)
1. Recordal of trademark assignment (USD160.00 per registration)

40.00

120.00

Note: This fees do not include disbursement such as 5% VAT, USD20 bank charge and communication cost (will be billed at actual expenses).

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 (on each page of the Agreement). No notarization or 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.

 II.TRADEMARK REGISTRATION

 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 filing an application for one (01) class of G/S with up to 6 products in each class

– Fee for each additional class of G/S in the application (if any)

– Fee for each additional products in exceed of 6 in each class (if any)

 40.00

33.00

7.00

      100.00

50.00

3.00
2. Fee for granting a registration certificate for one trademark in one class of G/S;

– for each additional class of G/S in the application (if any)

 20.00

7.00

 30.00

3.00

TOTAL:

(sum of numbers in bold)

190.00

Notes: The above-quoted fees do not include 5% VAT, bank charge (USD20) and actual communication cost.

In case of any office action or any possible opposition which may occur during the application prosecution, an additional chargedwould be incurred depending on the complexity of each case (hourly basis at the rate of USD100 per hour, minimum USD300).

 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 (2-4months).

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 (POA).

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.

Vietnam – Filing new utility solution

By
sblaw
-

In order to file an utility solution application in Vietnam, client is required to provide with us the following document:

– The Power of Attorney (POA) 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).

 – A soft copy in word format of the specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.

Trademark assignment recordal in Vietnam

By
sblaw
-

SBLAW would like to introduce the trademark assignment recordal in Vietnam as follows:

1.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.

2.REQUIRED DOCUMENTS AND INFORMATION

– 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 (on each page of the Agreement).

No notarization or 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.

New Utility Model Application in Vietnam

By
sblaw
-

1. In order to file an utility solution application in Vietnam, applicant 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 01 month from the filing date). Please find enclosed the form of POA for your simple prosecution

ii)A soft copy in word format of the Chinese specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.

2. Form of attorney

I/We, the undersigned: …………………………………………………………………………….

Representive of: ……………………………………………………………………………………

Address: ……………………………………………………………………………………………

hereby empower S & B CONSULTANCY CORPORATION at 18 Floor, Center Building, Hapulico Complex, 85 Vu Trong Phung Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi, Vietnam to proceed on my/our behalf  in Vietnam with protection, registration, renewal our intellectual property objects such as Patent, Utility Solution, Industrial Design, Trademark, Copyright, etc and settlement of infringement related to our intellectual property rights as well as translation of the necessary papers and documents in accordance with the laws and regulations.

Consequently, S & B CONSULTANCY CORPORATION is authorized to prepare the necessary papers, sign documents on my/our behalf, submit or withdraw any papers and documents, translate the necessary papers and documents, pay prescribed fees and expenses and, in a broad terms, perform whatever act is required for the proper application and registration as well as for the legal protection of the above-mentioned objects.

Done in ……………….. on ………………………..

Signature: …………………………………………………………………………………………

Title: ………………………………………………………………………………………………

Trademark registration and filling service in Vietnam.

By
sblaw
-
Trademarks in Laos SPVN INVEST IP
SBLAW provides clients with legal services relating registration trademarks and filling service in Vietnam as follows:

– To research, assess the capability of registration in Vietnam and other countries such as nations of Asean, Europe United, The United states, Japan, Hong Kong, Korea, China, Russia;

– To consult procedure and represent clients in submitting an application of registration trademarks in Vietnam and in foreign countries;

– To consult in choosing and using the trademarks and names of trade;

– To submit and conduct procedure to register the trademarks

– To maintain and extend the validity of trademarks in Vietnam and in foreign countries;

– To assess the infringed capability and co-ordinate with agencies in protecting rights over the trademarks;

– To assess the validity of  the certificate of registration trademarks issued in Vietnam and foreign countries

– To designate lawyers taking part in negotiating, drafting, assessing and registering the contracts which relate to used rights, owned rights and commercial franchising marks protected in Vietnam and in foreign countries;

– To design, value the marks and consult in creating identification of marks for the internal as well as external enterprises.

 

Protect your business name in Vietnam

By
sblaw
-
intellectual property services

In Vietnam, business name is considered as trademark. Thus, in order to protect your business name, you should register the trademark in Trademark Office of Vietnam (NOIP).

SBLAW- IP agent in Vietnam would like to introduce the legal procedure to protect your business name 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.

Thus, please contact us to know the exact fee for registering your busniess name in Vietnam.

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 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.

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 (POA).

Notes:

– For Vietnamese applications, the POA is simply signed by the Applicant only. 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 Vietnam 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.

Patent in Vietnam

By
sblaw
-
Tư vấn luật Viễn thông và Công nghệ thông tin
Tư vấn luật Viễn thông và Công nghệ thông tin

The required documents for filling patent in Vietnam

In order to file a patent application in Vietnam, your client is required to provide with us the following document:

-The Power of Attorney (signed only, the notarization or legalization are not required);

-The specification in English;

-The certificated copy of the priority document (If any).

Timeframe for examination of a patent application in Vietnam.

 Under Vietnam IP Patent, a patent application will be examined through the following process:

-Formality examination: The application will be formality examined within 1-2 months counted from the filing date in Vietnam;

-Publication: The patent application will be published on Industrial Property Gazette within 2 months counted from the date of formality acceptance.

-Substantive Examination: The patent application will be examined the patentable within 18 months counted from the publication date.

 The result of the equivalent search at NOIP will be available within 25-30 working days.

 

Law Firm in Vietnam

By
sblaw
-
SBLaw

When foreign businessman would like to find a good lawyer in Vietnam, they can request a law firm to provide legal retainer services in Vietnam.
SBLAW is pleased to present herewith our proposal outlining the scope of services together with our fees and terms of engagement in rendering our services:

1. SCOPE OF WORKS

Our provision of services shall be as follows:
– Providing timely updates on circulars and reminders to them in respect of statutory obligation under the Vietnam Investment Law and Enterprise Law, Labor Law and other related laws of Vietnam. Whenever there is a new relevant law or enactment of any existing law, S&B Law shall provide immediate legal update notice to them with details of the updated content;
– Providing clarification (if it is necessary) regarding to Legal Update Notice per their request;
– Preparation of standard Director’s resolutions and related documents pertaining to change of directors, secretaries and registered office;
– Reviewing and/or preparing and finalizing drafts of communication between them and their partners, customers or competent authority;
– Reviewing and/or preparing customer service contract, lease contract, warning letters etc. to be executed between them and other relevant parties;
– Translating documents from English into Vietnamese or from Vietnamese into English;
– Representing them before and liaison on their behalf with the Competence Authorities or individuals, organizations as authorized representative.

2. PERFORMANCE OF SERVICES:
The working relationship between S&B Law and businessman shall be based on the premise that SBLaw shall act as the legal division of their Company in Vietnam and the communication for different services shall be either in any or all of the following form:
– Email;
– Telephone and/or facsimile;
– Direct conference; and
– Authorized Representative.

Both SBLAW and businessman agree that at no point of time shall the Services Performance provided by SBLaw create an employer-employee relationship between the Consultant or Lawyer entrusted by S&B Law (hereinafter referred to as “Consultant”) and them. The Consultant shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, sick leave and/or vacation.
The working hours of the Consultant with them shall be determined by SBLaw but shall be reasonably enough to cover all the obligations towards them.
The service charges of SBLaw are applicable to, though it is not limited to, telephone calls, correspondence, e-mails, meetings, legal analysis and research, review and drafting of documents, depositions, conferences and travel. They shall not be typically charged for occasional calls which would last for a few minutes, up to a maximum of ten minutes. Any call beyond ten minutes shall be automatically billed.
All the meetings shall be fixed by appointment and both S&B Law and bussinessman shall stick to the schedule. In case of any cancellation, an advance notice of minimum 15 hours shall be adhered. Missed meetings or cancellations without sufficient notice will be billed to them.
They shall appreciate that S&B Law is a law firm doing business with many other clients and therefore they shall provide a reasonable, fair and realistic notice to S&B Law for their requests and projects.
They shall not request for an emergency service which shall be attributed to their poor planning and miscommunications. S&B Law may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
3. STANDARD WORKING HOURS

SBLaw shall render its legal retainer services for approximately 10 working hours per month (hereinafter referred to as “Standard Working Hours”).
SBLaw shall warrant that its Consultant shall be available during normal working hours (from Monday to Friday, 8:00 am to 5:30 pm. National Holiday and weekends shall not be classified to normal working time).
Time for which charges applied to Services per request in Extra Time other than normal working hours as defined herein shall be duplicated. In case the Standard Working Time in a month is not depleted, the redundant time shall be automatically added into the Standard Working Time of the next month. However, under no circumstance shall the Standard Working Time in a month exceed 18 hours.
The standard working hours can be quarterly adjusted upon their request.
Additional work beyond the scope of Legal Retainer Services as defined in Item or beyond the Standard Working Hours must be negotiated separately and will be billed separately at the full standard hourly rate according to service category with payment due upon receipt.

The required document for filling industrial design in Vietnam

By
sblaw
-

The required document for filling industrial design in Vietnam is as follows:

– Original Power of Attorney (POA);

– Description;

– Six (06) 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 210mm x 297 mm (A4 size) and not be smaller than 90mm x 120mm.

– Priority document (if any)

Note: For Vietnamese applications, the POA is simply signed by the Applicant only. A scanned/faxed copy of the POA is acceptable upon filling, the original copy is submitted within 01 month from the filing date;

Searching and Registering Trademark in Vietnam

By
sblaw
-
Trademark Cancellation Proceeding in Vietnam

In case client would like to search and protect his trademark in Vietnam, client should provide SBLaw the following documents:

I. REQUIRED INFORMATION AND DOCUMENTS

–        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)

II. AUTHORIZED WORKS OF SBLAW’S LAWYERS

  • To consult on the trademark search in Vietnam
  • To conduct a trademark search in Vietnam before officially filing into the NOIP of Vietnam. SBLAW will immediately announce the result to the CLIENT if the trademark has been registered.
  • To consult on the trademark registration procedure in Vietnam before officially filing into the NOIP of Vietnam
  • To prepare all the forms for trademark registration in Vietnam;
  • To prepare the dossier for trademark registration in Vietnam;
  • To follow up the filed application and report to CLIENT on the application status (in correspondence with stages of application examination in Vietnam)
  • To report, to consult and to deal with the refusal from the NOIP (if any)
  • To receive the certificate of registration in Vietnam and hand over to CLIENT (if any);
  • To consult the usage of the trademark after handing the certificate of trademark registration
  • To record the trademark certificate of registration into the SBLaw’s databases and will remind CLIENT to timely renew the certificate
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