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Vietnam Trademark Registration 

 
Attorneys - Vietnam
 
Welcome:

My name is Duong Mai Anh and I'm the representative Attorney in Vietnam.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Vietnam through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for filing for a trademark registration?

    It takes an average of 18 to 24 months to complete the trademark registration process. This time frame is applicable only to applications without opposition.

  • If I register my trademark in Vietnam, do I have protection in other territories?

    The territorial limit of registration is Vietnam.

  • Do I need to sign a Power of Attorney?

    A power of attorney must be submitted to complete the registration process.

  • Are there any benefits from a pre-filing use of the trademark?
    • pre-filing use may demonstrate the acquired distinctiveness of the mark
    • pre-filing use may help overcome an opposition on the grounds of non-distinctiveness
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Vietnam?
    • names
    • words
    • devices
    • slogans
    • certain three-dimensional shapes
    • certification marks
    • collective marks
    • service marks
  • What are the phases of application after a trademark has been filed in Vietnam?
    1. First, the application will be examined in respect of formality.
    2. Second, the application will be published in the IP Gazette. 
    3. Third, the mark will be passed on to substantive examination.
    4. Fourth, the mark will be registered once the criteria for protection are met.
    5. Fifth, the trademark will be published again in the IP Gazette.
  • What type of trademark is not registrable?
    1. marks that contradict moral standards or public order
    2. generic terms
    3. flags, names, or symbols of nations, states, regions, or of international organizations
    4. non-distinctive marks
    5. signs similar to national flags or emblems
    6. signs that are confusingly similar to those signs owned by prominent socio and political organizations in Vietnam including:
      • flags
      • emblems
      • armorial bearings abbreviations
      • full names of State agencies
    7. signs that are confusingly similar to those signs owned by prominent personalities in Vietnam and other countries including:
      • real names
      • aliases
      • pen names
      • images of leaders
      • national heroes
      • famous persons
    8. signs that are confusingly similar to those signs owned by international organizations including:
      • certification seals
      • control seals
      • warranty seals
      • certification marks
    9. signs that indicate the goods’:
      • origin
      • functional parameters
      • intended purposes
      • quality
      • value
      • other characteristics
  • Does Vietnam use the "Nice Classification" system?

    Vietnam uses the Nice Classification System.

  • Does the Community Trademark apply for Vietnam?

    Vietnam does not follow the European Union Trade Mark registration.

  • Is there any possibility to claim priority in Vietnam?

    In order to claim priority application, the following conditions are required:

     

    • the applicant's home country is a member of the Paris Convention
    • the home application was filed six months earlier than filing date of application in Vietnam
    • an international registration can be designated in Vietnam
  • What do I need to do to satisfy the use requirement?

    A trademark must be used in commerce at any time within five years.

    The amount of use can be minimal and must satisfy the following conditions:

     

    • the mark must be affixed to goods, packages of goods, means of business or supplying services and communicating papers in business activities
    • the mark must be used in circulating, or offering, advertising, storing for sale of, goods
    • the mark must be used in importation of goods

     

    Use of the trademark must occur in Vietnam.

     

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years which is calculated from the registration date.

  • What will be the renewal date of my trademark?

    The first renewal date of a registration is 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legally allowed to use an unregistered mark for any goods or services. However, use of such a mark must not infringe on others' rights.


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