Tips

The Ultimate Guide to Trademark Registration

If you're looking to trademark a business or personal brand, then look no further! Our expert guide will take you through the process, offering insightful tips and tricks to ensure a smooth and successful application. With our help, you can secure the future of your brand and protect your unique identity.

Administrator

21 July, 2024

A trademark is one of the most important intangible fixed assets of a business. Therefore, trademark registration is not only a foundation for development but also associated with brand, reputation, quality, and building trust with customers,… Join us to learn about trademark registration in detail!

1 Entities Eligible for Trademark Registration

According to the Intellectual Property Law, entities eligible to apply for trademark registration include individuals, organizations, and businesses. This includes:

Vietnamese individuals, organizations, and businesses

Foreign individuals and organizations

If the applicant is a Vietnamese individual or business, they can apply directly at the National Office of Intellectual Property or through an intellectual property representative to complete the registration procedure.

For foreign individuals or businesses wishing to register a trademark in Vietnam, it is mandatory to submit the application through intellectual property representative companies.

World-renowned trademarks

2 Procedure

Step 1: Application Receipt

Applications can be submitted directly or sent by mail to the headquarters of the National Office of Intellectual Property in Hanoi or its two representative offices in Ho Chi Minh City and Da Nang.

Step 2: Formality Examination

The National Office of Intellectual Property will examine the application’s compliance with the formal requirements and decide whether the application is valid or not in the following two cases:

If valid, the Office will issue a decision on the validity of the application.

If invalid, the Office will issue a notification stating the reasons and deficiencies that led to the rejection, followed by a two-month deadline for the applicant to provide feedback and rectify the deficiencies. If the applicant fails to rectify the deficiencies or does not meet the requirements, the Office will issue a decision to reject the application.

Step 3: Publication of Application

After accepting a valid application, it will be published in the Industrial Property Official Gazette.

Step 4: Substantive Examination

Evaluate the potential for protection of the objects mentioned in the application according to the conditions for protection, thereby determining the corresponding scope of protection.

Step 5: Decision to Grant/Refuse Protection Title

If the object mentioned in the application does not meet the requirements for protection, the National Office of Intellectual Property will issue a decision to refuse the grant of a protection title.

If the object mentioned in the application meets the protection requirements, and the applicant has paid the full fees and charges on time, the Office will issue a decision to grant a protection title, record it in the National Trademark Registration Book, and publish it in the Industrial Property Official Gazette.

Trademark Certificate issued in 2017

3 Application File

For collective trademark and certification trademark applications, the following documents are required:

Copy of payment receipt for fees and charges (if paid through postal service or the account number of the National Office of Intellectual Property)

Power of Attorney (if submitted through a representative): 1 original

Documents proving the right to register if the applicant enjoys the right from another person: 1 original

Declaration: 2 originals

Trademark sample (5 samples of size 80×80 mm) and list of goods and services bearing the trademark: 1 original

Documents proving the right of priority, if any: 1 original

Prepare a complete file when registering a trademark

4 Fees

There are various fees and charges involved. Applicants should note to pay the full fees and charges to complete the trademark registration procedure promptly:

Fee for international classification of goods and services: VND 100,000

Publication fee for application: VND 120,000

Publication fee for the decision to grant a protection title: VND 120,000

Registration fee for the decision to grant a protection title: VND 120,000

Fee for information retrieval for examination purposes: VND 180,000

Substantive examination fee: VND 550,000

Examination fee for priority claim: VND 600,000

Protection title issuance fee: VND 120,000

Application fee: VND 150,000/ application.

Note:

The time limit for formality examination is 1 month from the filing date.

The time limit for publication of the application is 2 months from the filing date if the application is valid.

The time limit for substantive examination of the application is 9 months from the date of publication of the application.

Trademark registration promotes businesses to promote their brands, build trust with customers, and protect their rights against unauthorized use of their trademarks. We hope that the information provided above is useful for those who are about to go through the trademark registration procedure for their businesses.

Frequently asked questions

A trademark is a type of intellectual property that protects words, names, symbols, sounds, or colors that distinguish goods and services from those of others in the marketplace.

Registering a trademark provides legal protection for your brand and helps establish your rights to use the mark nationwide. It also gives you the right to sue others in federal court for infringing on your trademark and allows you to use the ® symbol, which deters others from using your mark without permission.

In addition to legal protection and the right to sue, trademark registration provides a public record of your claim of ownership of the mark, and allows you to record your trademark with U.S. Customs and Border Protection to prevent importation of infringing foreign goods.

Words, names, symbols, sounds, or colors that are used to identify and distinguish your goods or services from those of others can be trademarked. However, it’s important to note that generic or descriptive terms cannot be trademarked.

When choosing a trademark, it’s important to select something unique and distinctive that is not already in use by others in your industry. Conducting a comprehensive trademark search is essential to ensure that your chosen mark is available for use and registration.

A trademark protects words, names, symbols, sounds, or colors that distinguish goods and services, while a copyright protects original works of authorship fixed in a tangible form of expression, such as books, songs, paintings, and movies.