Vietnam is one of the fastest-growing economies in the world. The low cost of living and highly qualified population make it an ideal location for foreign companies who are looking to branch out and invest. However, expanding internationally has its disadvantages as well. Not knowing the local laws and regulations makes it a thousand times harder to open a company overseas.
How to register a trademark? For Vietnamese individuals, organizations and enterprises. Directly file a registration application at the NOIP. LHD Law Firm advice to register a trademark in Vietnam.
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How to register a trademark? For Vietnamese individuals, organizations and enterprises. Directly file a registration application at the NOIP. LHD Law Firm advice to register a trademark in Vietnam.
If the client would like to register a trademark in Vietnam, LHD Law Firm would like to introduce the following legal procedure:
1. Trademark search (Optional):
To verify the registrability of your trademark in Vietnam before officially filing a trademark application at the National Office of Intellectual Property (NOIP), you should search for the trademark.
The result will show whether or not your trademark is similar to the trademark registered by other applicants for the same product/service.
In addition, the result will also indicate that the launching of your product under your trademark/brand name into the Vietnam market is legal or illegal by that time.
Time frame: 02 working days
Required documents:
The applicant shall send LHD Law Firm the following documents:
05 samples of trademark.
List of products/services bearing a trademark
2. Register trademark in Vietnam
2.1 Time frame of trademark registration in Vietnam:
The trademark application shall be passed through three stages:
Formality examination of trademark application: 01 month
Publication of trademark application: 02 months counted from the date of acceptance of formality of the trademark application
Substantive examination: 14-16 months counted from the date of publishing the trademark application
If the result of the substantive examination shows that the applicant’s trademark is registrable, NOIP shall issue a Certificate of Trademark Registration within 02 month.
2.2 Required documents:
To register trademark in Vietnam, the applicant shall provide S&B LAW the following documents:
12 samples of trademark (size 8 cm x 8 cm);
Power of Attorney (Provided by SBLAW);
List of products/service bearing trademark.
2.3 Validity Duration of trademark registration:
A trademark once registered is valid for a term of 10 years and can be renewed every 10 years for an unlimited period.
we would like to advise you procedure and our fee schedule in relation to trademark registration in Vietnam as follows:
3. FEE SCHEDULE
3.1. Fee schedule
In Vietnam, multi-class applications are 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
3.1.1. Trademark searches (Optional)
Trademark search for 01 trademark in one class
Description
Official Fees
(USD)
Attorney’s Fees
(USD)
1. Fee for conducting search 01 trademark inone class (optional)
50
5% VAT:
2,5
Bank charge:
5
TOTAL
57,5
In words: One hundred and nine US Dollars only.
Note: The above-quoted fees include 5% VAT on our service charge, bank charges ($US25.00)
3.1.2. Trademark registration
Trademark registration for one trademark in one class:
Description
Official Fees
(USD)
Attorney’s Fees
(USD)
1. Fee for filing an application and issuing a certificate for one class of goods/services within 6 items*
87.00
200
– for each additional Class from the 2nd one (if any)
45.00
– for each additional good/service from the 7th one (if any)
10.00
– Fee granting a registration certificate for each additional class from the 2nd one (if any)
8.00
Sub-total (with *):
300
In words: Three hundred and seven US Dollars
In case of any office action or possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.
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