Vietnam
Fees for registering Vietnam trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Vietnam are mainly based on the Intellectual Property Law, which came into effect on July 1, 2006. The China National Intellectual Property Administration is responsible for managing trademark affairs, and the official language is Vietnamese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Vietnamese trademark registration adopts the principle of "application first".
Vietnam is a party to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and is a member of the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid International Registration".
Trademark Registration Process
Currently, Vietnam adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Vietnam include: text, name, graphics, color, letters, numbers, three-dimensional logos, etc.
If the applicant does not reside in Vietnam, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, priority proof documents and corresponding translations must be provided.
The main process for applying for registration of a Vietnamese trademark is: application acceptance formal examination announcement substantive examination approval issuance. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, the registration will be approved.
The period from the announcement of a trademark to the approval of registration is the objection period. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period; Meanwhile, those who have not received a rejection notice may be granted registration and a registration certificate issued. In a smooth situation, trademark registration in Vietnam takes 2-3 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The Vietnamese trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. Malicious registration;
3.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.
The application for trademark revocation can be submitted to the China National Intellectual Property Administration of Vietnam. Under the current examination conditions, it generally takes 2-3 years. The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
1. Invoice; Product catalog; Revenue evidence;
2. Packaging and decoration; label; quotation;
3. Advertising; Written statement; Market research results.
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