Documents Required for Trademark Registration Application
- Trademark specimen;
- Proof of payment of official fees;
- If applying for registration of a collective or certification trademark, the regulations governing the use and management of the trademark must also be provided;
- Power of Attorney;
- Proof of assignment of application rights;
- Proof of ownership;
- Priority document, etc.
Trademark Registration Application Process
- Submit the application.
- Formality Examination: Usually 1-3 months.
- Application Publication: Within 2 months from the date the trademark is accepted after formality examination, it will be published in the Official Gazette of Industrial Property. From the publication date until the decision on registration approval is issued, any organization or individual has the right to file an opposition.
- For Madrid applications designating Vietnam: Oppositions must be filed within 12 months after WIPO publication. The Vietnam National Office of Intellectual Property (NOIP) is obligated to inform the opponent of the examination results.
- Substantive Examination:
- Issuance of Certificate:
Important Notes
- Pure Chinese character trademarks in Vietnam are often rejected on absolute grounds of lack of distinctiveness. It is recommended to combine them with other English characters for application.
- At the appeal stage, new facts/details added to the application are not accepted. However, upon the request of the applicant or appellant, the Vietnam NOIP may re-examine these new facts/details. If the appeal case has a certain level of complexity, the appeal resolution body is allowed to seek opinions from independent experts.
Term of Protection
The protection period is 10 years. The renewal period for a Vietnam trademark is 6 months before expiry. There is a 6-month grace period with a penalty fee.