Trademark in Vietnam can be protected under the forms of logo or device, words, design of package. Vietnam uses Nice international classification and accepts a trademark application in multi-classes.
In addition, Vietnam is also a member of Paris convention, and a foreign trademark application can be filed in Vietnam and claim priority date of the original one within 06 months counted from the first filing date of the counterpart trademark.
Vietnam trademark follows the rule of first to file, not first to use like other countries such as: Singapore, USA or Australia.
Although trademark search in Vietnam is not compulsory, it is significant to identify the availability of their trademark prior to officially filing the Vietnam trademark application in NOIP. The result of trademark search shall show that whether you will keep the trademark as original one to file in Vietnam. Otherwise, the trademark applicant should amend amend trademark to meet the requirement of protection.
Trademark in Vietnam shall be passed through three stages, namely as hereafter:
Stage 1: Formality examination of Vietnam trademark application: within 01 month of filing date of trademark in Vietnam. If accepted, NOIP shall issue the decision on accepting the legitimate of the trademark application.
Otherwise, a requirement of amendment or clarification shall be issued, the applicant shall respond to such requirement within 02 months from the signing date. The applicant can ask for two months extension of responding to the requirement.
Stage 2: Publication of Vietnam trademark application on Gazette: Trademark shall be published on Gazette within 02 months counted from the legitimating date for opposition.
Stage 3: Substantive examination of trademark in Vietnam: within 9-12 months counted from the publishing date, NOIP shall issue the Notification of registrability of the Vietnam trademark application. If the trademark application is rejected, the applicant shall have three months to respond to this. Three month extension of responding to NOIP’s refusal is also applicable.
Total time applied for a straight forward case of trademark in Vietnam: 12-18 months.
Validity of trademark in Vietnam:
10 years counted from the filing date of trademark application in Vietnam and trademark owner can renew trademark in Vietnam is for unlimited times.
Major deals handled by A&S LAW:
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 receiving our client’s confirmation.
– Helping one of 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 USA to establish of 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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