Trademark registration procedures (central level) in Vietnam

Trademark registration procedures (central level) in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Trademark registration procedures (central level) are guided in Decision 3038/QD-BKHCN 2023 as follows:

1. Trademark registration dossier (central level) in Vietnam

Trademark registration dossier includes:

- Trademark registration declaration according to Form No. 08 in Appendix I of Decree 65/2023/ND-CP;

- Trademark samples (05 samples measuring 80 x 80 mm) and a list of goods and services bearing the trademark;

- Document confirming permission to use special signs (symbols, flags, badges, seals...);

- For collective mark registration applications, certification marks must contain:

+ Regulations on use of collective marks/certification marks;

+ Map of geographical area (if the registered mark is a mark certifying the geographical origin of a product, or a collective mark or certification mark containing place names or other signs indicating the geographical origin of local specialties);

+ Document of the People's Committee of the province or centrally run city permitting the use of place names or other signs indicating the geographical origin of local specialties (if the registered mark is a collective mark or certification mark containing place names or other signs indicating the geographical origin of local specialties);

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

- Documents proving the right to registration if the applicant benefits from another person's right to registration;

- Documents proving priority rights, if claiming priority rights;

- Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Office's account).

2. Trademark registration procedures (central level)

- Step 1: Receive application

Organizations and individuals submit 01 set of trademark registration documents to the National Office of Intellectual Property.

- Step 2: Verify the application form

Check the compliance with formal regulations for the application, thereby drawing a conclusion about whether the application is considered valid or not (make a decision to accept the application as valid/refuse to accept the application). Trademark registration applications are formally assessed by the National Office of Intellectual Property within 01 month from the date of receipt of the application.

+ In case the application is valid, the National Office of Intellectual Property shall issue a decision to accept the valid application, which must clearly state the name and address of the applicant and the name of the authorized representative (if any) and information about the subject stated in the application, including the application filing date, application number, and priority date, and be sent to the applicant. In the event that the request for priority rights is not accepted, the application will still be validly accepted unless it has other shortcomings that affect its validity, and the decision must clearly state the reason for not accepting the request for priority rights;

+ In case the application is invalid, the National Office of Intellectual Property issues a notice of intention to refuse to accept a valid application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline of 2 months for the applicant to give comments or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.

+ In case the applicant proactively requests to amend or supplement the application or responds to a notice from the National Office of Intellectual Property, the formality appraisal time limit is extended by 10 days.

- Step 3: Announce the application

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

- Step 4: Appraise the content of the application

Evaluate the possibility of protection for the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.

- Step 5: Make a decision to grant/refuse to grant a protection title:

+ If the object requested for protection stated in the application does not meet the protection conditions, falls into the cases mentioned in Article 117 of Law on the Intellectual Property, or meets the protection conditions but the application still has shortcomings, the National Office of Intellectual Property issues a notice of substantive examination results, clearly stating the intention to refuse to grant a Trademark Registration Certificate, reasons for refusal or shortcomings of the application, and setting a deadline of 03 months from the date of notification for the applicant to comment.

If the applicant does not correct errors or makes unsatisfactory corrections, has no objections, or has objections that are not valid within the prescribed time limit, the National Office of Intellectual Property issues a decision to refuse to issue a Trademark Registration Certificate within 15 days from the end of that period.

+ If the object requested for protection stated in the application meets the protection conditions or the applicant has corrected the shortcomings satisfactorily or has a valid explanation for all or part of the substantive examination results within the prescribed time limit, the National Office of Intellectual Property shall issue a notice of the results of the substantive examination of the application stating the intention to issue a Trademark Registration Certificate for the whole or part that meets the protection conditions and setting a period of 03 months from the date of notification for the applicant to pay the fee for granting the Trademark Registration Certificate, the fee for announcing the issuance decision, and the registration fee for the decision to grant the Trademark Registration Certificate.

If the applicant does not pay the fee for granting a Trademark Registration Certificate, publication fee, and registration fee and decides to issue a Trademark Registration Certificate within the prescribed time limit, within 15 days from the end of the corresponding period, the National Office of Intellectual Property shall issue a decision to refuse to grant the Trademark Registration Certificate. If the applicant pays all fees and charges in full and on time as prescribed, within 15 days from the end of the corresponding period, the National Office of Intellectual Property issues a decision to issue a Trademark Registration Certificate.

+ If the object requested for protection stated in the application has a part (based on product/service group) that does not meet the protection conditions (or is not protected separately), the National Office of Intellectual Property issues a notice of substantive examination results, clearly stating the intention to issue a Trademark Registration Certificate for the response part, and the fee for granting a Trademark Registration Certificate and other fees and charges according to regulations that the applicant must pay in case of agreeing with the entire application content appraisal result, reason for refusal to grant the remaining part (or the part not protected separately), at the same time set a time limit of 03 months from the date of notification for the applicant to give written opinions (agree or explain the results of substantive appraisal).

If at the end of the prescribed time limit the applicant does not have an opinion or does not give written consent and pay fees and charges according to regulations, within 15 days from the end of the above-mentioned period, the National Office of Intellectual Property issues a decision to refuse to issue a Trademark Registration Certificate.

If at the end of the prescribed time limit, the applicant fully and on time pays the prescribed fees and charges, then within 15 days from the end of the corresponding period, the National Office of Intellectual Property issues a decision to grant a Trademark Registration Certificate, clearly stating the reason for refusing to grant the corresponding refused part.

If at the end of the prescribed time limit, the applicant properly explains all the results of the substantive examination, the National Office of Intellectual Property issues a notice of content appraisal results with the intention of issuing a Trademark Registration Certificate and sets a deadline of 03 months from the date of notice for the applicant to pay the fee for granting the Trademark Registration Certificate, the publication fee, and the registration fee to decide on the issuance of the Trademark Registration Certificate. If, at the end of the prescribed time limit, the applicant does not pay the prescribed fees and charges; within 15 days from the end of the above-mentioned period, the National Office of Intellectual Property issues a decision to refuse to issue a Trademark Registration Certificate. If at the end of the prescribed time limit, the applicant pays all fees and charges in full and on time as prescribed, within 15 days from the end of the corresponding period, the National Office of Intellectual Property shall issue a decision to issue a Trademark Registration Certificate.

If, at the end of the prescribed time limit, the applicant has an explanation that is not valid or a partial explanation of the results of the substantive appraisal, the National Office of Intellectual Property announces the results of the content appraisal with the intention to issue a Trademark Registration Certificate for the part that meets the protection conditions and the reason for refusing to grant the remaining part (or the part that is not protected separately), and sets a time limit of 03 months from the date of notification for the applicant to pay the fee for granting the Trademark Registration Certificate, the publication fee, and the registration fee to decide on the issuance of the Trademark Registration Certificate. If at the end of the prescribed time limit, the applicant does not pay the prescribed fees and charges, within 15 days from the end of the above-mentioned period, the National Office of Intellectual Property issues a decision to refuse to issue a Trademark Registration Certificate. If, at the end of the prescribed time limit, the applicant pays all fees and charges in full and on time as prescribed, within 15 days from the end of the corresponding period, the National Office of Intellectual Property shall issue a decision to grant a Trademark Registration Certificate, clearly stating the reason for the refusal of issuance for the corresponding refused part.

- Step 7: Announce and register the decision to grant a protection title.

The decision to grant a Trademark Registration Certificate is published by the National Office of Intellectual Property in the Industrial Property Official Gazette within 60 days from the date of the decision and recorded in the National Register of Industrial Property according to regulations.

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