Vietnam has been one of the rising stars in the South East Asia region. Accordingly, now is the best time to invest and expand to Vietnam. However, before conducting business in this country, businesses should own for themselves a unique trademark so that businesses can be conducted with ease. So, what is a trademark in Vietnam, and how does one own a trademark in this country?
A trademark in Vietnam is any sign used to distinguish goods. Trademarks may include the name of the company (trade name), the name of the product, goods and services, the company logo, the logo of the product, goods and services.
The mark in Vietnam will be protected as a trademark if it is a mark that is visible in the form of letters, words, drawings, or images, including a hologram or a combination thereof, represented by one or more colors. In addition, the mark must also have the ability to distinguish the goods or services of the owner of the mark from those of others.
Before filing for trademark registration in Vietnam, the applicant should conduct a trademark search to check if any similar marks have been registered or not.
Conducting a trademark search will help the trademark owners to avoid infringing the rights of other registered trademarks and save time as if there have already been other similar registered trademarks with the same goods and services, the mark will not be registrable.
To obtain trademark protection in Vietnam, the applicant needs to file their trademark application to the National Office of Intellectual Property of Vietnam (NOIP).
It will take one day to get the application number and filing date for trademark registration in Vietnam.
After receiving the application, the NOIP will conduct a formality examination to check if the legality of the trademark application is valid or not within 1-2 months from the date of filing.
If the form is not accepted, the NOIP will issue a notice of the correction request and request the applicant to correct it within 02 months from the date of issue.
If the trademark application has no errors on formality, the application will be published in the Intellectual Property Official Gazette within 02 months from the date of acceptance of the form.
Regarding substantive examination, the NOIP will issue a notice of substantive examination results within 12-16 months from the date of publication. There are two types of notifications in this stage:
If the applicant receives the notice that they are granted the certificate of trademark registration in Vietnam, then he/she must pay the fee for the grant of the certificate of trademark registration in Vietnam within 1-2 months.
After all the required fees have been paid, the applicant will receive the trademark registration certificate.
The registered trademark in Vietnam will have the validity period of 10 years counted from the filing date of the trademark application.
Every 10 years, the trademark owner must file for renewal of the trademark to extend the trademark protection period for an additional 10 years. The renewal of a trademark in Vietnam can be done unlimited times.
The Vietnam IP firm provided the service of Vietnam trademark for the following clients:
– Registration of 25 trademarks in Vietnam for a blue-chip Japanese enterprise in the field of tissue. Our trademark attorneys took 03 days to conduct the availability of trademark search in Vietnam, and then we filed the trademark applications in Vietnam in one day counted from the date we received our client’s confirmation.
– Helping one of the top 500 local companies in the field of pharmaceutical to register 20 trademarks in Vietnam.
– Advising Korean and Taiwanese companies on trademark investigation in Vietnam prior to officially filing their trademark in Vietnam.
– Working with an international client in the field of entertainment from the USA to establish their strategy of trademark registration in Vietnam.
– Registering 30 trademarks in Vietnam for a blue-chip European company in the field of games.
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