Trademark Registry Procedure In Vietnam

Trademark registry Procedure in Vietnam (2022), with 7 steps as LHD Law Firm consultancy, representative of Intellectual Property Office with more than 15 years of experience and 6889 customers who have trusted in our service → 95% of customers receive trademark certificate.

STEP BY STEP REGISTER A SUCCESS TRADEMARK IN VIETNAM 

→ REGISTRATION FOR TRADEMARKS WITH 7-STEPS INSTRUCTIONS IN 2022 

STEP 1: SEARCH BEFORE APPLICATION

This step aims to reduce the risk by up to 90% when filing a new trademark application

Without this step: The waiting period: is 24-26 months (no work)

Loss of application fee and building the brand 

Therefore: SEARCH TO GUARANTEE THE REGISTRATION PROCEDURE ACHIEVING THE BEST RESULT.

REFERENCES OUR SEARCHING SERVICE PRIOR APPLICATION ⇒  REFERENCES 

STEP 2: APPLICATION FOR PRIORITY DATE 

The application can be done through the NOIP or self-file

If you submit yourself, you can contact 3 offices of NOIP in Hanoi, Da Nang and Ho Chi Minh

Trademark registration dossiers are filed at the National Office of Intellectual Property at the following addresses:

If through a representative ⇒ Contact LHD Law Firm according to the information below

Purpose of application

#1. Get the application number and priority date

#2. Start examining the application → For trademark registration purposes

STEP 3: FORMALITY EXAMINATION OF APPLICATION

Term of examination: within 02 months from the filing date.

Purpose of application examination

Check the compliance with the regulations on the form of the application, thereby concluding whether the application is considered valid or not (Decide to accept the valid application / refuse to accept the application[1]).

+ In case the application is valid, the NOIP shall issue a decision to accept the valid application;

+ In case the application is invalid, the NOIP shall issue a notice of its intention to refuse to accept the valid application, clearly stating the reasons and omissions that cause the application to be refused for acceptance and setting a time limit of 2. months for the applicant to comment or correct errors. If the applicant fails to correct errors/unsatisfactory corrections/no objections/unwarranted objections, the NOIP shall issue a decision to refuse to accept the application.

STEP 4: PUBLICATION OF TRADE REGISTRATION APPLICATION

Time: Lasts for 4 months from the date of the decision to accept the valid application

Purpose of application publication:

To widely notify other individuals and organizations that the application has been published, if there is a lawsuit or objection to the application, contact the NOIP to carry out procedures to oppose the grant during this time.

STEP 5: APPLICATION CONTENTS ASSESSMENT

Time: 12-14 months from the date completing the application publication

Purpose: Time limit for substantive examination: 10-12 months from the date of application publication (actually 2 years because NOIP is overloaded with application processing)

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 meets 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 meet the conditions, the National Office of Intellectual Property shall issue a Notice not to grant a diploma for the trademark registered by the enterprise. The enterprise considers and sends a response letter, complains about the decision of the National Office of Property, and at the same time provides the grounds for granting a trademark protection title to the trademark of the enterprise.

STEP 6: DECISION TO ISSUE OR REFUSE TO GRANT TRADEMARK CERTIFICATE

There are 2 situations below:

#1. Approval for issuing Certificate 

The Department will issue a decision to notify the grant of the Certificate, the applicant will pay the fee according to the instructions and wait for 1-2 months. The Department will send the Certificate to the head office for the applicant.

If the fee is not paid, the applicant will be deemed to have abandoned the registration, and when the notice period expires, the trademark will not be protected.

#2. Refusal to issue Certificate

The Department will make a decision to refuse to grant a trademark title, and the applicant within 3 months has the right to submit a written objection or agreement with the decision to partially reject this trademark.

If it is considered that the opinion of the Department is reasonable, then skip this step, otherwise, if you think the decision is unreasonable, you have the right to give your opinion on the fight to be granted a diploma.

STEP 7: RECEIVING THE DECISION TO ISSUE CERTIFICATE OR REFUSE DECISION

There are 2 situations below:

#1. The department agrees to grant the Certificate according to the objection of the Applicant

The Department will issue a decision to notify the grant of the certificate, the applicant will pay the fee according to the instructions and wait for 1-2 months The Department will send the certificate to the head office for the applicant.

If the fee is not paid, the applicant will be deemed to have abandoned the registration, and when the notice period expires, the trademark will no longer be protected.

#2. Refusing to grant certificate due to unreasonable opinions

The Department will make a decision to refuse the grant of a trademark certificate, and the Applicant is no longer able to comment but will have to go through the consultation procedure with the NOIP, with this decision, the applicant has 12 months to settle the complaint..

Term of trademark protection

Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection titles and there is no limit on the number of renewals. Therefore, the trademark will be an asset throughout the operation and business process of the enterprise.

DETAILED INSTRUCTIONS FOR STEPS TO PERFORM

→ What You Can And Can't Register Trademark

→ Trademarks 

→ What is not related to the trademark

Name as Nike

A logo as logo swoosh

Slogan as "Just do it"

An original song, book, movie, or other creative work. Get a replacement license

An invention such as a technical process, machine, manufactured product, or chemical formula. Patent review.

☖ RIGHTS FOR TRADEMARK REGISTRATION?

→ Individuals or organizations (ordinary organizations are companies) with Vietnamese nationality are entitled to register trademarks (Individuals, Start-ups, Companies, Enterprises, Organizations)

→ Individuals or organizations (Companies as usual) with foreign nationality are entitled to register trademarks, but they must go through the INDUSTRIAL PROPERTY REPRESENTATIVE Organization in VIETNAM (LHD LAW FIRM IS AN EXAMPLE).

☖ GENERAL TYPES OF TRADEMARKS

– Generic Mark

– Suggestive Mark

– Certification Mark

– Collective Mark

– Famous Mark

Among them, Generic Marks are considered the most popular

REQUIREMENT DOCUMENTS FOR INDUSTRIAL PROPERTY (IP) REGISTRATION APPLICATIONS

# LOGO/TRADEMARKS

# POWER OF ATTORNEY (AS FORM OFF LHD LAW FIRM)

NEW POINTS IN TRADEMARK HANDLING OF THE INTELLECTUAL PROPERTY DEPARTMENT IN 2021

Point #1. Classification applies according to Nice 11→ Noip requires to specify each code in detail (for example, before it was generally stated that buying and selling agricultural products (acceptable), now it must specify what agricultural products are - agricultural products are cashew nuts, coffee beans. ..vv

Point #2. Processing time is much longer than reality (previously about 18 months, now up to 26-28 months from the date of application) → Reason: Noip said the number of applications increased more than 10 times, but the specialists did not increase, so the application was delayed.

Point #3. The Data number provided on the website is not enough (When the label is published in the Official Gazette, it is recorded on the website) so it is mandatory when registering the Application Owners to conduct a search and evaluation before submitting the Application → To ensure the ability to successful registration in Vietnam.

SHOULD YOU USE TRADEMARK REGISTRATION SERVICE??

IF YOU DO NOT KNOW THE REGISTRATION PROCESS, OR HOW TO SEARCH TO ACHIEVE THE OBJECTIVE, YOU SHOULD USE THE TRADEMARK REGISTRATION SERVICE

→ LHD IS A PRESTIGE CONSULTING COMPANY (REPRESENTATIVE OF NOIP)

In more than 12 years of operation, Hong Duc Law has successfully registered for more than 168888+ trademark applications in Vietnam, of which 20% are foreign customers and 80% of domestic customers have trusted our services.

☑ WHY DO YOU CHOOSE LHD LAW FIRM WITH TRADEMARK REGISTRATION SERVICE?

1 #. LHD Law Firm (HONGDUC LAW FIRM) HONGDUC LAW FIRM) is rated as the most prestigious trademark logo registration organization in Vietnam which is highly appreciated by Legal500.

2 #. Certificate No. 146 issued by NOIP  

As a representative of NOIP, We will directly work with the Department, submit applications, pay fees, receive notices, and comments and receive diplomas for foreign and Vietnamese organizations and individuals.

Our three no's criterion

- No need for the applicant to sign the application

- There is no need for the applicant to directly monitor the application

- There is no need for the applicant to work directly with the Department (such as sending official letters, paying fees...)

3 #. LHD Law Firm is considered a friendly and reasonable consultant, the main purpose is to support businesses and individuals doing business in Vietnam to protect their trademarks and logos.

→ QUESTION CONCERN?

1. WHERE CAN WE APPLY FOR TRADEMARK CERTIFICATE?

There are 2 ways to application

#1. Apply at the Intellectual Property Office

#2. Apply via a Representative of the NOIP

LHD Law Firm is Representative → contact

2. DOCUMENTS FOR TRADEMARK REGISTRATION?

Profile components include:
Trademark sample (05 samples, size not larger than 80×80 mm); A copy of the document certifying the legal business right (Business License or Certificate of Business Registration, etc.); Documents certifying the legal right to file (if any)

Power of attorney through a representative

3. HOW MUCH DOES IT COST TO REGISTER FOR A TRADEMARK??

SERVICE FEE (PLEASE CONTACT TO GET THE BEST QUOTATION)