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.
