VIETNAM

• Kinds of Trademarks registrable in VIETNAM

  • Following indications may be used as Trademarks in Vietnam:

    • Letter marks
    • Word marks
    • Drawings
    • Images
    • Holograms
    • Colours and combination of colours Combination of all of the above.

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks
    5. Well Known marks
• Requisites for a Trademark to be registrable in VIETNAM

  • Trademarks must contain the following essential requirements to be registrable in Vietnam:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in VIETNAM

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Vietnam:

    1. Marks identical with or confusingly similar to:
    2. Real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.
    3. Seals, Emblems, Flags, Abbreviations / full names of national and international State agencies & Organisations.
    4. Signs / marks causing confusion, deception, misleading, alluding to the origin, properties, intended utilities, quality, value or other characteristics of goods or services.
    5. Non-distinctive marks, consisting of one or several easily noticeable and memorable elements or of many elements forming an easily noticeable and memorable combination.
    6. Simple shapes, geometric figures, numerals, letters, scripts of uncommon languages, excepting where such signs have been widely recognised and recognised as marks.
    7. Conventional signs, symbols, pictures, common names in any language pertaining to goods, and / or services that have been widely and regularly used and known to many people.
    8. Signs indicative of time, place, method of production, category, quantity, quality, property, ingredients, intended utility, value, or other characteristics descriptive of the intended goods / services except where such signs have acquired distinctiveness through long usage before filing of the trademark registration.
    9. Marks describing legal status and field of business of the applicant.
    10. Signs indicative of Geographical Indications & Appellations.
    11. Signs similar / identical to well known signs.
    12. Marks similar / identical to prior registered marks.

    TrademarkCopia through its associate Law Firms and Lawyers in Vietnam is at hand to help you with trademark registration and prosecution.

• Trademark Search in VIETNAM

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since there is no novelty search concerning prior pending marks carried out by the Vietnamese Trademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Vietnam.

• Trademark Filing in VIETNAM

  • Filing is done with the Trademark office of Vietnam. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney
    6. Priority details if any.
    7. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in VIETNAM
  • • Formalities Examination:

    Once a trademark application is filed with at the NOIP, a formality examination evaluating its validity is carried out in one month’s time.

    During the course of the formality examination, if the applicant corrects or supplements documents on the applicant’s own initiative or upon directives of the NOPI, the time limit for the formality examination may be prolonged.

    The NOIP completes the formalities examination within the stipulated time and notifies the applicant about the same.

    If the applicant is in receipt of a notification from the NOIP regarding its intended refusal to accept the application and the applicant fails to:

    1. Correct errors
    2. Unsatisfactorily corrects errors
    3. Makes no opposition
    4. Makes unreasonable opposition

    to the intended rejection within one month, the NOIP may once again notify the applicant regarding refusal of the trademark application. The applicant may then request a refund of the paid fees and charges.

    Applicant and / or interested parties may however, lodge a complaint with the Director, NOIP, or initiate a lawsuit in the court of law within 90 days if they disagree with the decision of refusal to accept the application.

    Within 10 days from the receipt of the complaint, the NOIP shall issue a notice either accepting or rejecting the said complaint.

    In the event the application is accepted as being valid, within two months, it is published in the Industrial Property journal for opposition and comments from interested third parties.

    • Substantive Examination:

    Substantive examination is carried out within six months from the date of publication to assess the registrability of the marks / signs as claimed on the application. If the applicant in the course of the substantive examination corrects / supplements documents, the substantive examination may be prolonged.

    After the examination, the NOIP within a certain stipulated time notifies the applicant to respond to the same with amendments as required.

    The NOIP may then reject or proceed with registration of the mark.

• Trademark Publication & Opposition in VIETNAM

  • Once the trademark application is in compliance with all the necessary requisites, it is published for opposition by interested third parties. and if no opposition if forthcoming the trademark application then proceeds for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Vietnam can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in VIETNAM

  • Within 10 days from the date of receipt of payment of fees / arrears by the applicant, the NOIP proceeds to register the mark and grant the Certificate of Registration.

    The registration certificate shall then be published by the NOIP in the Industrial Property journal within two months from the date of issue.

    Trademark registration in Vietnam is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners: Trademarks may be:

    1. Transferred in whole or in part
    2. Inherited – Assigned and licensed.
    3. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    4. Licensed to natural or legal persons
    5. Prevented from unauthorized usage by third parties
    6. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in VIETNAM

  • Pre Registration : Usage prior to filing may be useful in cancellation / opposition proceedings. Vietnam follows a first – to – file principle.

    Post Registration: Non – use of the registered mark continuously for 5 yrs. post registration could lead to cancellation of the mark owing to non-use.

• Trademark Cost of Registration in VIETNAM

  • Please write mail for the cost of registration of trademark in Vietnam to the mail address given below:

    contact@trademarkcopia.com