[1] procedure

 

• filing receipt

 

As our usual, the filing receipt of trademark application which is issued by Vietnam National Office of Intellectual Property at the filing will be forwarded to you within 24 hours. However, we always strive to complete and file, then inform to you of filing receipt on the day of receiving your instructions.

 

•  formality check

 

Under the Intellectual Property Laws of Vietnam, the duration for the formality examination step to determine whether or not the application for trademark registration is filed in due form will take [1] month from the filing date.

 

• publication for opposition

 

After being accepted as filed in due form at the end of the formality examination step, the application for trademark registration shall be published in the National Trademark Gazette within [2] months, for the opposition by any third party, as from the date on which the Notice of official acceptance of application filed in due form is issued.

 

The period for opposition by any third party is commenced from the publication date until before the granting date of trademark registration. It means that the period for opposition is not fixed. It is effective as far as the application for trademark registration is not granted the Certificate of registration.   

 

• registrability examination

 

Next, the application for trademark registration will be examined as to the registrability to define the registrability. The duration for such examination of application for trademark registration will take [9] months as from the date on which the application for trademark registration is published in the National Trademark Gazette.

 

• grant

 

Last, if neither objection by trademark examiner nor opposition by any third party to be raised in the above defined period, the office decision of grant of the Certificate for application for trademark registration will be issued. Normally, the Certificate will be granted within 1 month afterward. 

 

[2] time frame

 

In summary, it takes approximately[16-20] months from the date of filing to obtain a Certificate of Trademark Registration in case of neither objection nor opposition, in practice.

 

[3] requirements

 

For filing the trademark application, the following documents are required:

• executed power of attorney that should be signed only by applicant (no notarization and legalization is required). Please be noted that the copy of POA is not compulsory to submit at the filing, but the original thereof must be submitted within 1 month counted from the filing date with no further fee. In addition, we also note that one general Power of Attorney can be accepted for filing several applications in the same applicant at the different time.
• description of goods/services that must be classified in accordance with the International Nice Classification 10^th edition and specified one by one[the item of goods in general meanings or item in the class headings as well is not accepted]. 
• a clear black and white representation of the trademark which can be photocopied and must not exceed 8 centimeters both in length and in width. If the trademark is required to be protected in color, at least 18 samples of the color mark will be provided.

 

[4] term

 

Under current Vietnam IP Act, a certificate of trademark registration shall be effective from the granting date and last for 10 years from the filing date and renewable for every consecutive 10-year term.

 

[5] renewal

 

Renewal of trademark registration in Vietnam shall be made within six months prior to the date of expiration of term. However, a 6-month grace period is allowed for the late payment of the renewal fee, with an additional surcharge.

SUMMARY

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PRACTICE

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OUTSTANDING ISSUES

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