Trademark application Vietnam

Trademark registration Vietnam

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Vietnam?

The costs of trademark registration in Vietnam depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Viet Nam?

Vietnam has a first-to-file jurisdiction, which means that it is necessary to register your trademark in Vietnam in order to claim the exclusive protection rights. It is therefore important to register your trademark as soon as possible if you intend to market it in this country. Active use in this territory is not a precondition, although this can contribute to the distinctiveness of your brand. Applications must be submitted by post or online to NOIP, the Vietnamese intellectual property agency. Unconventional trademarks based on sound or smell are not yet recognized in Vietnam.


What are the steps to go through to register a trademark in Vietnam?

After submitting your application, the Intellectual Property Office will conduct an initial, formal investigation. If the result is positive, publication in the official trade gazette takes place. This gives third parties the opportunity to object to the registration of your trademark. At the same time as this so-called opposition period, the bureau is conducting a substantive investigation. You can assume that this will be completed within nine months. If there is no opposition, the registration of your trademark in Vietnam is a fact.


How long does it take to register a trademark in Vietnam?

From the moment you submit the application for trademark protection to the NOIP, it will be dealt with in the following order:

  • formal assessment (duration: maximum one month)
  • publication of the trademark in the official trade gazette (duration of the opposition period: two months)
  • substantive research and registration (duration: maximum nine months from the date of publication in the trade gazette)
    Based on the above information, it can be concluded that if you want to register a brand name in Vietnam, you will spend about a year with the overall procedure.

Protection of the individual elements that make up a brand

If you wish to register a combined trademark in Vietnam (i.e. a trademark consisting of both verbal and figurative elements), the exclusive protection right that you acquire through this procedure is limited to the exact combination as offered to the Intellectual Property Office. If you also want to be able to use one of the elements separately for promotional purposes, it is strongly recommended to submit a separate application for this.

Failure to do so does not automatically mean that you are always empty-handed when a third party uses one of these elements. When a person or company does that for products or services that are the same or very similar to what you offer, you can object based on confusing similarity. The success of such an objection is highly situation-dependent.


How long is a trademark valid in Vietnam?

Your trademark is valid for ten years. This period starts retroactively from the moment you submitted the application. There are no restrictions on renewal options. Extension is possible every ten years and from six months before the actual end date of the current term. There is also a grace period of six months. In order not to have to submit an application all over again, you pay higher costs within this six months to realize the extension of your trademark protection.


Active use of your trademark

As mentioned before, it is not necessary to actively use your product or service on the Vietnamese market before you register your brand name in Vietnam. This is not to say, however, that there are no restrictions on leaving a trademark unused. After the registration date, your trademark must not remain unused for more than five years. At least, if you want to prevent its removal. Third parties can object to the continued existence of your trademark after this five-year period. The intensity of use necessary to prevent this is minimal.


Vietnam and the Madrid Treaty

Vietnam is one of the member states of the Madrid Treaty. Extension of an international registration is therefore legally valid within this territory. If you opt for an international registration, you must submit your application at the WIPO headquarters in Geneva. You choose in which of the more than a hundred affiliated countries you want trademark protection. After an initial assessment, WIPO will forward your application to the relevant countries, where the same procedure will start as for an application at local level.


How to claim priority in Viet Nam?

According to the trademark law in force in Vietnam, applicants may claim priority when it concerns trademark protection for a product or service that was applied for in another member state of the Madrid Treaty up to six months ago. The same applies to applications in member states of the Paris Agreement. Of course you have to submit the proof of this to the NOIP.

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