Trademark registration in Vietnam - The ultimate guide
Find out everything about the application process, costs and time required to register your trademark in Vietnam.
In which country do you want to register your trademark?
Contents
Why register a trademark in Vietnam?
Which body registers trademarks in Vietnam?
How is trademark priority in Vietnam determined?
How long does it take to register a trademark in Vietnam?
What is the cost of trademark registration in Vietnam?
Who can register a trademark in Vietnam?
What does the trademark registration process in Vietnam look like?
What does the trademark opposition process look like in Vietnam?
How long does a trademark last in Vietnam? How can I renew my Vietnamese trademark?
Why register a trademark in Vietnam?
As one of the fastest-growing economies in Southeast Asia with a rapidly expanding consumer market, Vietnam presents significant opportunities for foreign investors. Establishing a commercial presence in Vietnam provides companies with access to a vibrant market and a strategic position for regional expansion.
Given Vietnam's 'First-to-File' system, obtaining trademark protection is highly recommended, even if branded products are not yet sold in the country. Any business wishing to ensure its brand is well-protected before expanding internationally should consider Vietnam a priority on its trademark list.
Which body registers trademarks in Vietnam?
The Intellectual Property Office of Vietnam (IP Vietnam) is responsible for examining, granting, and administering intellectual property rights, including patents, trademarks, and designs in Vietnam.
How is trademark priority in Vietnam determined?
Vietnam is a "First-to-File" jurisdiction, meaning applicants who first apply for a trademark are assigned trademark rights and given priority over others, regardless of the actual use of the trademark in commerce.
How long does it take to register a trademark in Vietnam?
It generally takes 12 to 18 months to register a trademark (from filing the application to the final decision), provided there is no objection or opposition lodged against your application. In the event of opposition, the process may take longer.
What is the cost of trademark registration in Vietnam?
The fees for trademark registration in Vietnam are:
Trademark application fee: VND 1,000,000 (approx. $40) per one Class of goods or services
Trademark registration certificate fee: VND 400,000 (approx. $16)
Who can register a trademark in Vietnam?
Both domestic and foreign applicants can file for trademark registration in Vietnam. Foreign applicants must appoint a local representative who is a resident in Vietnam and a registered trademark agent.
What does the trademark registration process in Vietnam look like?
Create a distinctive sign:
- A trademark must have distinctiveness to be eligible for registration. It should distinguish the goods or services of one enterprise from those of others. Non-distinctive, generic, or overly descriptive marks are less likely to be registered by IP Vietnam.
Conduct a prior search:
- Before applying, it is advisable to conduct a trademark search to ensure that your mark is not confusingly similar to already registered marks. This helps avoid rejection or opposition from existing trademark owners.
Submit an application:
- Applications can be submitted online through IP Vietnam's e-filing system or in person/by mail at IP Vietnam's headquarters. The application must include the trademark, the list of goods or services, and the necessary fees.
Examination process:
Formal Examination: IP Vietnam will first check for formal deficiencies in the application (e.g., incorrect data, non-payment of fees). If any issues are found, applicants will be notified and given a chance to correct them.
Publication: If the application passes the formal examination, it will be published in the Industrial Property Official Gazette for a two-month opposition period.
Substantive Examination: After the opposition period, IP Vietnam will conduct a substantive examination to ensure the trademark meets all requirements. If any issues are found, an office action will be issued, and the applicant must respond within a given time frame.
5. Registration and issuance of certificate:
If the application passes the substantive examination and any opposition proceedings, IP Vietnam will grant the trademark registration, and the applicant must pay the registration fee. Once paid, IP Vietnam will issue the registration certificate.
What does the trademark opposition process look like in Vietnam?
After publication in the Industrial Property Official Gazette, there is a two-month period during which third parties can file oppositions. If an opposition is filed, the applicant will be notified and given a chance to respond.
Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case.
How long does a trademark last in Vietnam? How can I renew my Vietnamese trademark?
A trademark in Vietnam lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
Renewal fee (within the official date): VND 1,200,000 (approx. $47) per class.
Renewal fee (within an extended period): An additional fee may apply for late renewal, typically 10% of the standard renewal fee.
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