Introduction to trademark registration in Vietnam

To file a trademark application in Vietnam, the following minimum information and documentation are required:
i) Full name and address of the applicant;
ii) A phonetic transcription/transliteration and identification of the language used if there are any elements of the trademark with wording other than in Roman characters;
iii) A detailed specification of goods and/or services and its corresponding international class, if known, please note that class headings or general description of goods/services is not acceptable. It is necessary to designate the detailed goods, preferably each item of the goods is equivalent or correlative to a basic number listing in the International Classification of G/S of ninth of Nice Classification,
iv) A clear specimen of mark, which can be photocopied. If color is claimed, 7 color specimens are required (size is not less than 20x20 mm and not more than 80x80 mm);
v) A Power of Attorney, which is simply executed by the Applicant. No notarization or legalization is required. Please note that a Power of Attorney is not required at filing provided that the original is submitted within one month from the filing date. A general Power of Attorney can be used for filing a number of applications in the name of the same applicant.

2. Time frame
Time frame for a trademark application to mature into registration would take about 13 to 18 months involving four phases:
Phase 1: Examination as to formality (1- 2 months);
Phase 2: Publication of application (2 months)
Phase 3: Examination as to substance (9-12 months); and
Phase 4: Issuance of a registration certificate and publication of the registered mark (1-2 months).

3. Procedure

Upon a trademark application is filed and received by the NOIP, it first undergoes the formality examination. If the formalities are met, a notice of acceptance as to complying with the formal conditions will be issued to confirm the filing date and the application number. If the application is rejected due to its incompliance with the formal conditions, the applicant will have 1 month for amendment or correction.

After being accepted as to formality, the trademark application is published in the National Gazette of Industrial Property within two months from the date of acceptance of the application and then passed for substantive examination to determine (i) its availability i.e. trademark applications are examined for potential conflicts with other trademarks; and (ii) its inherent registrability i.e. whether the mark falls into the categories which are excluded from the protection.

Upon completion of the substantive examination, if the examination shows that the trademark is qualified for protection and the applicant pays the prescribed publication and registration fees, a trademark registration certificate will be issued in favor of the applicant. If the trademark is not qualified for protection, reasons for refusal to grant a registration certificate are given by the NOIP and the Applicant will have 2 months for responding to the refusal.
For further information, please to contact Mr. Pham Thanh Tuan managing partner of VIETIN LAWYER, e-mail tuan.pham@vietinlaw.com.vn Tel (+ 84) 4 66809023 Mobile (+84) 904966448