A brand is an important asset in business. It helps your company stand out from your competitors. Check out the article below to learn more about the brand registration process.
1 Brand Registration Procedure
Businesses need to prepare the following before submitting a brand registration application:
Brand Search
Brand Search
Brand registration is becoming increasingly popular, and as a result, there are many brand names to choose from. Searching will help you determine if the brand you’ve chosen is already taken.
Prepare Documents
Document Preparation
Once you’ve searched and chosen a unique brand name, the next step is to prepare the necessary documents for the registration process. The tasks include:
- Copy of the fee payment receipt (in case of payment by postal service or direct deposit into the account of the National Office of Intellectual Property).
- Power of Attorney (if applying through a representative)
- Documents proving the right to register if the applicant inherits the right to register from another person
- Declaration
- Brand Sample (05 samples sized 80 x 80 mm) and a list of goods and services bearing the brand
- Documents proving the right of priority, if claiming priority
Implementation Process
Review Process by Legal Authorities
Step 1: Application Receipt
Businesses can submit applications in two ways: in person or by mail to the National Office of Intellectual Property in Hanoi or its two representative offices in Ho Chi Minh City and Da Nang.
Step 2: Form Review Stage (approximately 1 month from the date of application)
At this stage, reviewers will examine the form of the brand registration application and determine whether the application is valid or not. Two things to note are that an application should only request one intellectual property right and must be in Vietnamese.
Step 3: Valid Application Publication Stage (2 months from the date of acceptance)
Valid applications will be published in the “Industrial Property Official Gazette” of the National Office of Intellectual Property in both paper and electronic formats. This publication serves as a reference for subsequent businesses to respond if their brands are identical or cause confusion.
Step 4: Application Content Review Stage (9 months)
Before the content review, no one can be certain if their application will be protected. If you hire incompetent units, your application is likely to be rejected, and you’ll have to restart the process, which will take another year. Therefore, choose reputable units to handle your application to avoid delays.
Step 5: Brand Registration Certificate Issuance and Registration Stage
Brand Registration Certificate
After a successful content review, the National Office of Intellectual Property will notify the applicant and request payment of the prescribed fees. They will then be granted a brand registration certificate and will be recognized in the national register, published in the Industrial Property Official Gazette.
2 Can Individuals Register a Brand?
Individuals and Organizations Meeting the Conditions Can Register Brands
Based on Article 87 of the 2005 Intellectual Property Law, individuals and organizations meeting the conditions can register brands.
Article 87. Right to Register a Brand
Organizations and individuals have the right to register brands for goods they produce or services they provide.
Organizations and individuals conducting legitimate commercial activities have the right to register brands for products they bring to the market but are produced by others, provided that the producer does not use that brand for the product and does not object to the registration.
Therefore, regardless of whether you are an individual or an organization, whether you have established a company or not, you can register a brand for your goods and services as long as they are produced or provided by you.
3 How Much Does Brand Registration Cost?
Fees for Brand Registration
The fees and charges that individuals and organizations must pay when applying for brand registration include:
Brand Search Fee: The cost of searching for a brand of products/services in one group is VND 500,000. If registering for more than one group of products, an additional VND 500,000 will be charged for each additional group.
Brand Registration Application Fee: VND 1,000,000/1 brand/1 group.
Brand Registration Certificate Issuance Fee: VND 360,000/1 brand/1 group.
For reference:
The above is our article to help you understand the brand registration procedure in more detail. Hopefully, you will find this information useful.
