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Trademark Search in Vietnam

By
sblaw
-
Trademark Search in Vietnam

A trademark search prior to filing a trademark application is not compulsory, however it is highly recommended by us to save time and costs since the duration for trademark registration in Vietnam is rather long, in around one year.

 

SBLaw is able to conduct registrability searches with the National Office of Intellectual Property (NOIP) and the search report along with our professional opinion regarding the availability and registrability of the mark will be rendered within 5-7 working days.

 

To enable us to proceed with a trademark search, the following information is necessary:

(i) A clear specimen of the mark ; and

 

(ii) The list of goods/services and the corresponding international class, if known

Vietnam Trademark

By
sblaw
-
Vietnam Trademark
  1.    The official fee for registering Vietnam trademark

It is different from the other countries as China, Thailand, 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 some fee for registering a trademark in Vietnam for client’s consideration:

1.1. Fee for filing an application for one class of G/S with up to 6 products in each class

– Fee for each additional class of G/S in the application

– Fee for each additional products in exceed of 6 in each class

1.2. 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

2. The required documents for registering the trademark in Vietnam.

To enable us to proceed with filing of trademark registration in Vietnam, the following documents are required, respectively:

–          Name and address of the Applicant;

–          List of Goods/Services;

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

–          An original Power of Attorney (POA).

3. The Power of Attorney for filling trademark.

For Vietnamese applications, the Power of Attorney(POA) is simply signed by the Applicant only. A scanned/faxed copy of the POA is acceptable upon filing. Its original copy is submitted within 01 month from the filing date;

4. The class heading for filling application.

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.

Registration of the trademarks in Vietnam

By
sblaw
-
Registration of the trademarks in Vietnam

If client would like to make the registration of the trademark in Vietnam, SBLaw would like to advise as follows:

1.      Attorney fee for trademark registration.

In Vietnam, multi-classes 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 for trademark registration

The duration for a trademark application from mature to proceed to registration is around 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 for trademark registration

–          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 (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).

Renewal of trademark in Vietnam

By
sblaw
-
Renewal of trademark in Vietnam

As a leading IP agent in Vietnam, we would like to provide some information about renewal of trademark registration in Vietnam as follows:

1. FEE SCHEDULE FOR RENEWAL OF TRADEMARK IN VIETNAM

In Vietnam, the renewal fees are calculated based on the number of class of goods/services (G/S) in each registration.

Thus, upon receiving request of client, we will provide our fee schedule (including official charge and agency fee).

2. PROCEDURE AND TIMELINE FOR RENEWAL OF TRADEMARK

As stipulated, it will take 2 – 4 months to complete the renewal proceeding, however in practice, it may take a bit longer due to the backlog of the NOIP.

3. REQUIRED DOCUMENTS AND INFORMATION

–    Original Power(s) of Attorney which is/are simply signed by the Applicant(s). No notarization or legalization is required;

–    Original Trademark Registration Certificates for recording the renewal on them.

Black and white trademark or color trademark in Vietnam

By
sblaw
-

SBLaw is well-known trademark attorney office in Vietnam. Sometime, we received client’s question about the color of trademark which is filed at National Office of Interllectual Property (NOIP) in Vietnam.

The popular question is: when the applicant register in black and white colors, could the applicant use other colors such as red or blue in the Vietnam market?

My questions is as follows: If applicant’s trademark is registered in black and white colors, it shall be used in other colors.

Under the trademark law in Vietnam and our practice, a trademark registered under black and white color shall have the broadest cover of protection.

Thus, applicant should consider this matter before filling trademark in trademark office in Vietnam.

Protect your trademark in Vietnam.

By
sblaw
-
Trademarks-in-Laos-SPVN-INVEST-IP

To protect your trademark in Vietnam, we would like to advise you on procedure and our fee schedule in relation to the trademark registration proceeding in Vietnam as follows:

1.      FEE SCHEDULE FOR PROTECTING TRADEMARK

The basic fees are calculated based on the number of class of goods/services which your trademark is trading on. Therefore, to have our fixed quotation, please answer the following questions:

·         Where do you derive your business income?

·         What is the nature of your business?

·         What are you known for by your customers/clients?

·         What products or services does your business provide?

Upon receiving your reply, we will provide our exact quotation fee for your kind consideration.

 2.      PROCEDURE AND TIMELINE FOR PROTECTING TRADEMARK

The duration for a trademark application from mature to proceed to registration is around 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 National Office of Intellectual Property (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 (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).

Review of Trademark and Copyright Agreement

By
sblaw
-

S&B Law understands that Client is now in need of our assistance in

(i) Reviewing the Trademark and Copyright Agreement (“Agreement”) to protect the highest possible rights and interests of Client while ensuring the compliance of the same with prevailing laws of Vietnam and

(ii) Reviewing the translation of the Agreement from English into Vietnamese.

Our legal services proposal on the above-mentioned works as follows:

I.       Scope of works to be done by S&B Law

S&B Law shall carry out the following works:

1.1     Reviewing and providing Client with a written legal advice/comments on the Agreement to protect the highest possible rights and interests of Client while ensuring the compliance of the same with prevailing laws of Vietnam and make necessary amendments of the Agreement for this purpose.

1.2     Reviewing and making amendments (if necessary) to the current Vietnamese version of the Agreement so as to ensure that it has been translated correctly from English into Vietnamese. Our works mentioned in this Item include the translation of our amendments of the Agreement which were made in Item 1.1 above.

II.      Timing

2.1     For the works mentioned in Item 1.1 above:

(a)     S&B Law shall provide Client with a written legal advice/comments on the Agreement and the revised Agreement in English within 05 (five) working days from the date of Client’s acceptance of this proposal letter.

(b)     Client shall, within 03 (three) working days from its receipt of written legal advice/comments and the revised Agreement in English, inform S&B Law of its written comments (if any) on the same. If Client has no comment in writing on the same within the period as stated in this Item, the works mentioned in Item 1.1 above shall be considered being completed.

(c)      Within 02 (two) working days from the receipt of Client’s comments as stated in Item 2.2 (b) above (if any), S&B Law shall make comment (if any) and amend accordingly and provide Client with the final Agreement in English. The works mentioned in Item 1.1 above since then shall be considered as being completed.

2.2     For the works mentioned in Item 1.2 above:

S&B Law shall review and provide Client with the Vietnamese translation of the final Agreement (including the translation of our amendments of and additions to the Agreement made in Item 1.1) within 03 (three) working days from the date of our completion of the works mentioned in Item 1.1.

How to file your industrial design in Vietnam?

By
sblaw
-
  1.   The fee for filling an industrial design application in Vietnam.

In order to file an industrial design application in Vietnam, the applicant has to pay the following fee:

1.1.Fee for filing an application for industrial design application (*)

– Additional charge for each additional variation from 2nd one

1.2. Claiming priority right (for each earlier priority)

1.3. Publication of industrial design application (*)

– Additional charge for each figure from 2nd one

1.4. Substantive examination (for each variation, inclusive of information search)

1.5. Granting patents for industrial design(including Register and Publication) (*)

– Additional charge for each figure from 2nd one

2. The required document for filling industrial design in Vietnam

 –          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;

Registering Vietnam trademark

By
sblaw
-
  1.     The official fee for registering Vietnam trademark

It is different from the other countries as China, Thailand, 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 some fee for registering a trademark in Vietnam for client’s consideration:

1.1. Fee for filing an application for one class of G/S with up to 6 products in each class

– Fee for each additional class of G/S in the application

– Fee for each additional products in exceed of 6 in each class

1.2. 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

2. The required documents for registering the trademark in Vietnam.

To enable us to proceed with filing of trademark registration in Vietnam, the following documents are required, respectively:

–          Name and address of the Applicant;

–          List of Goods/Services;

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

–          An original Power of Attorney (POA).

3. The Power of Attorney for filling trademark.

For Vietnamese applications, the Power of Attorney(POA) is simply signed by the Applicant only. A scanned/faxed copy of the POA is acceptable upon filing. Its original copy is submitted within 01 month from the filing date;

4. The class heading for filling application.

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.

Cancellation of a Registered Trademark in Vietnam

By
sblaw
-

SBLAW would like to advise the cancellation of registered trademark in Vietnam as follows:

The procedure for the cancellation proceeding of trademark in National Office of Intellectual Property in Vietnam (NOIP) is brief as follows:

After the cancellation is filed with the NOIP, the NOIP will consider the request withing 3-6 months from the filing date.

If the request is found appropriate, the NOIP will send an official Notification to the cited mark owner requesting them to have the opinions on the cancellation.

The prescribed time for the response is 2 month from the issuance date of the Notification.

In case of response from the cited mark owner, the NOIP will continue considering the response with the submitted evidences.

If the evidences are not proper, the NOIP can make its final decision of the cancellation.

On the contrary, the NOIP will notify the Requester of the submitted evidences for further arguments.

There may be many arguments between the two parties during the process however, the NOIP will make decision after all relevant information on the evidences is clarified.

Normally, in case of many responses from the both sides, it may take around several months or even 1 or 2 years to complete the cancellation proceeding depending much on the complication of each case.

In case of no response from the cited mark owner after the 1st Notification is delivered, the NOIP may either send reminders to them for once or twice or issue official decision of cancellation of the registered mark within 3-6 months or a bit longer from the dates of reminders or the 1st Notification.

Vietnam Industrial Design Protection

By
sblaw
-

1.The fee for filling an industrial design application in Vietnam.

In order to file an industrial design application in Vietnam, the applicant has to pay the following fee:

1.1.Fee for filing an application for industrial design application (*)

– Additional charge for each additional variation from 2nd one

1.2. Claiming priority right (for each earlier priority)

1.3. Publication of industrial design application (*)

– Additional charge for each figure from 2nd one

1.4. Substantive examination (for each variation, inclusive of information search)

1.5. Granting patents for industrial design(including Register and Publication) (*)

– Additional charge for each figure from 2nd one

2. The required document for filling industrial design in Vietnam

 –      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

Required document for filling patent in Vietnam

By
sblaw
-

In order to file a patent in Vietnam, inventor has to provide these following documents:

a.       The specification of the proposed patent;

b.      An original Power of Attorney which is simply signed by the Applicant. A faxed/scanned copy of the POA is acceptable upon filing provided that the original will follow within 01 months from the filing date;

c.       A certified copy of Priority documents.

Power of attorney for registering trademark in Vietnam

By
sblaw
-

SBLAW provides the following form of Power of attorney for your kind consideration:

 

POWER OF ATTORNEY

 

I/We, the undersigned:

hereby empower S & B CONSULTANCY CORPORATION at Floor 18, Center Building, Hapulico Complex, 85 Vu Trong Phung Street, 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 ___________

Vietnam Trademark Registration

By
sblaw
-

SBLAW would like to advise you procedure and our fee schedule in relation to the trademark registration registration 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.

Note: (*): The search fee is optional upon request. The search result will be available within 5-7 working days.

In case of any office action or any possible opposition which may occur during the application prosecution, an additional charge would be incurred depending the merits of each case.

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 (2-4 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.

In case of office action or opposition, the registration process may take 9 months or even a year more to complete.

3. REQUIRED DOCUMENTS AND INFORMATION

–          Name and address of the the Applicant;

–          List of Goods/Services (Nice 10);

–          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.

Selected recent SBLaw Credential in the field of industrial design enforcement

By
sblaw
-

SBLAW would like to provide some information about selected reccent credential in the field of industrial design enforcement as follows:

One Manufacturing rubber glove Company sent a request to Market Supervisor of Binh Duong and request them to settle the infringement action against their industrial design in Vietnam of the Client.

After reviewing the case, SBLaw advised the Client to negotiate with the said Company.

Accordingly, the Client and the said Company signed an agreement that the Client will not infringe upon the industrial design in future and the company withdraw the request.

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