Vietnam: Newest procedures for trademark registration

Vietnam: Newest procedures for trademark registration (Illustrative Image)

Trademark Registration Application

According to Decision 3675/QD-BKHCN of the Ministry of Science and Technology on the announcement of amended administrative procedures related to intellectual property, the newest procedures for trademark registration in Vietnam include the following steps:

Step 1: Prepare the application for trademark registration in Vietnam

The application for trademark registration includes:

- Trademark registration application (02 copies);

- Trademark sample (05 samples, size 80 x 80 mm) and the list of goods and services bearing the trademark;

- For collective trademark applications, certification trademarks must include:

+ Regulation on the use of collective trademark/certification trademark;

+ Explanation on the characteristics, quality (or special features) of the product bearing the trademark (if the registered trademark is a collective trademark for products with specific characteristics or a certification trademark for product quality or geographical origin);

+ Map of the geographical area (if the registered trademark is a certification mark for the geographical origin of the product, or a collective trademark/certification trademark containing geographical names or signs indicating the geographical origin of regional specialties);

+ Document from the People's Committee of the province or central city permitting trademark registration (if the registered trademark is a collective trademark/certification mark containing geographical names or signs indicating the geographical origin of regional specialties);

- Power of attorney (if submitting through a representative);

- Documents proving the right to register if the applicant derives the right to register from another;

- Documents proving the right of priority, if requesting the right of priority;

- Copy of fee and charge receipt (if fees and charges are paid via postal service or directly to the account of the Intellectual Property Office).

Step 2: Submit the application

The applicant can submit 01 application in one of two ways:

- Direct submission: At the headquarters of the Intellectual Property Office in Hanoi or its two representative offices in Ho Chi Minh City and Da Nang.

- Submission by post.

Step 3: Conduct formal assessment of the application

Within 01 month from the date of application submission, the competent authority examines compliance with the formal requirements of the application and issues a decision to accept the valid application or refuse to accept the application, specifically:

- If the application is valid, the Intellectual Property Office issues a decision to accept the valid application;

- If the application is not valid, the Intellectual Property Office issues a notice of intended refusal to accept the valid application, stating the reasons for the possible refusal and setting a 02-month deadline for the applicant to provide feedback or correct deficiencies. If the applicant does not correct the deficiencies, corrects inadequately, or provides irrelevant feedback, the Intellectual Property Office will issue a decision to refuse to accept the application.

Step 4: Publish the application

Within 02 months from the date of acceptance of the valid application, the application will be published in the Industrial Property Gazette.

Step 5: Conduct substantive assessment of the application

Within no more than 09 months from the date of application publication, the competent authority evaluates the protectability of the subject matter stated in the application based on protection conditions, thereby determining the corresponding protection scope.

Step 6: Issue a decision on issuance of or refuse the trademark registration certificate

- If the subject matter stated in the application meets the protection requirements, and the applicant pays all fees and charges on time, the Intellectual Property Office will issue a decision to issue the Trademark Registration Certificate, record it in the national trademark register, and publish it in the Industrial Property Gazette.

- If the subject matter stated in the application does not meet the protection requirements, the Intellectual Property Office will issue a decision to refuse to issue the patent.

Note: Fees and charges for trademark registration are specified in Circular 263/2016/TT-BTC of the Ministry of Finance:

- Application fee: 150,000 VND/application.

- Priority right assessment fee: 600,000 VND per application per request.

- Application publication fee: 120,000 VND.

- Substantive assessment fee: 550,000 VND/6 products/services. (From the 7th product/service in each group: 120,000 VND/product/service)

- Information search fee for assessment purposes: 180,000 VND/6 products/services. (From the 7th product/service: 30,000 VND/product/service)

- International classification fee for goods/services: 100,000 VND for a group of 6 products/services. (From the 7th product/service: 20,000 VND/product/service)

- Trademark Registration Certificate issuance fee: 120,000 VND/first product/service. (From the 2nd product/service group onward: 100,000 VND/group)

- Registration fee for the Decision on issuance of the patent: 120,000 VND.

- Publication fee for the Decision on issuance of the patent: 120,000 VND.

Le Vy

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