According to the Law on Intellectual Property of Vietnam, a trademark is understood as: a sign used to distinguish goods and services of different organizations and individuals. Such distinctive signs must be visible in the form of letters, words, drawings, images, including three-dimensional figures or a combination of such elements, represented by one or more colors. . A visible sign may be protected as a trademark if it is distinguishable, does not deceive consumers, and is not likely to conflict with the earlier established rights of the subjects such as a trademark, trade name, geographical indication, or industrial design of another entity.
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Steps to carry out the trademark registration procedure
A. Submit a trademark application
To apply for trademark registration, customers need to prepare the following documents:
– Sample trademark;
– List of branded products;
– Power of attorney to submit the application.
B. Time limit for formality examination
01 month from the date of application submission.
National Office of Intellectual Property of Vietnam (NOIP) will consider the application for eligibility in terms of form, label form, application owner, filing right, subheading, etc.
- If the enterprise’s registration application meets the conditions, the NOIP will notify the acceptance of the valid application and publish the application.
- If the enterprise’s registration application does not meet the conditions, the NOIP will issue a Notice not to accept the application and request the enterprise to amend. Enterprises make amendments as required and submit amendments to the National Office of Intellectual Property.
C. Time limit for publication of a trademark registration application
02 months from the date of the notice of acceptance of a valid application.
Contents of announcement of a trademark registration application are information related to a valid application stated in the notice of acceptance of a valid application, a sample of the mark and the attached list of goods and services.
D. Time limit for substantive examination
09 months from the date of application publication.
The National Office of Intellectual Property considers the conditions for trademark registration, thereby assessing the possibility of granting a title to the trademark registered by the enterprise. If the trademark registration application satisfies all conditions, the National Office of Intellectual Property shall issue a Notice of intention to grant a diploma for the trademark registered by the enterprise.
If the trademark registration application does not satisfy the conditions, the National Office of Intellectual Property shall issue a Notice not to grant a title to the trademark registered by the enterprise. Enterprises consider and send official correspondence to respond, complain about decisions of the National Office of Property, and at the same time provide grounds for granting trademark protection titles to their trademarks.
E. Degree granting duration
02-03 months from the date of payment of the fee for the grant of the diploma.
After having a decision on granting a diploma, the enterprise shall pay a fee for the diploma and obtain a trademark protection title.
In fact, the time for testing a trademark application from filing to granting or refusing to grant a diploma normally lasts from 15 to 18 months.
F. Term of trademark protection
Trademarks are protected for 10 years from the date of filing. And unlimitedly extended at the end of the protection term. Therefore, an enterprise can own a trademark and be an asset throughout its operation if the enterprise always renews its trademark protection title in accordance with regulations after 10 years of expiration.
