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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.
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If I register my trademark in Vietnam, do I have protection in other territories?
The territorial limit of registration is Vietnam.
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Do I need to sign a Power of Attorney?
A power of attorney must be submitted to complete the registration process.
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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
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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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
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What are the phases of application after a trademark has been filed in Vietnam?
- First, the application will be examined in respect of formality.
- Second, the application will be published in the IP Gazette.
- Third, the mark will be passed on to substantive examination.
- Fourth, the mark will be registered once the criteria for protection are met.
- Fifth, the trademark will be published again in the IP Gazette.
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What type of trademark is not registrable?
- marks that contradict moral standards or public order
- generic terms
- flags, names, or symbols of nations, states, regions, or of international organizations
- non-distinctive marks
- signs similar to national flags or emblems
- 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
- 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
- signs that are confusingly similar to those signs owned by international organizations including:
- certification seals
- control seals
- warranty seals
- certification marks
- signs that indicate the goods’:
- origin
- functional parameters
- intended purposes
- quality
- value
- other characteristics
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Does Vietnam use the "Nice Classification" system?
Vietnam uses the Nice Classification System.
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Does the Community Trademark apply for Vietnam?
Vietnam does not follow the European Union Trade Mark registration.
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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
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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.
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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.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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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.