Trademark is one of the most important industrial property objects of an enterprise. Being an intangible asset but it is an essential part of the business, determining the identification of the enterprises’ goods/services and especially the reputation of the enterprises.
The creation and protection a trademark of an enterprise is a long process. Trademark registration must be carried out right from the very beginning of establishing an entity because the Vietnam Intellectual Property Law applies the first-to-file principle. Through this article, T2H Lawyers will consult client on the information, procedures and basic costs for the registration of a trademark in Vietnam.
- WHAT IS TRADEMARK?
A trademark means any sign used to distinguish goods and/or services of different organizations or individuals. Trademarks can be shown in words, pictures, logos, slogans or a combination of the above elements.
In order to register trademarks in Vietnam, trademarks shall meet protection criteria in accordance with the law on Intellectual Property. Specifically, the applied trademarks shall be distinctive, not confusingly similar to a trademark of other applicant who has previously registered such cited trademark. Trademarks must not be excluded elements such as the national flag, national anthem, recognizable and popular elements such as numbers, letters, simple and obvious images, and natural words. description of goods or services.
When an applicant registers and is granted with a trademark protection title, such owner has the exclusive right to affix the marks and trademarks on its products and services, and has the right to let others use it through a trademark license agreement, the right to transfer trademark ownership, right to prevent any third party from infringing its registered trademark.
- FEE QUOTES FOR CONLSULTING, TRADEMARK SEARCH AND REGISTRATION.
Please refer to the detailed fee schedule at: t2hlawyers.vn/fee
- REQUIRED INFORMATION AND DOCUMENTS
Goods/ Services bearing the trademark
POA (as the sample provided by T2H Lawyers)
- PROCEDURES OF TRADEMARK REGISTRATION
Formality examination. The formality examination takes about 1 month from the filing date, examining the legitimacy of documents and information as filed (PoA, classification of goods/services etc). If no error is detected, the Trademark Office shall issue the Notification of Acceptance of Legitimate Application. Within 1-2 months from the date of legitimate acceptance, IPVIETNAM will publish our application on IP Gazette.
Substantive examination. The substantive examination takes about 9 months from the publication date of trademark application on IP Gazette. It concludes whether the applied trademark meets protection criteria in Vietnam. (In fact due to the backlog of work at IPVIETNAM thus the above period can be lengthened).
Validity: 10 years counted from legitimate filing date
SERVICES RELATED TO TRADEMARK REGISTRATION OF T2H LAWYERS:
– Evaluate the ability of trademark registration
– Consulting on the goods/services bearing the trademark and design of the trademark
– Conducting the search and consulting on the about ability of trademark registration and use of trademarks
– Preparing the required dossiers and filing trademark applications and following the application processing process
– Consulting and conducting the procedures for recordal of amendment, , recordal assignment for the trademark application.
– Consulting and conducting the procedures related to trademark protection title including obtaining Duplicates, True Copies, amendment, licensing, assignment, etc.,
In addition to national consulting and registration services, T2H Lawyers also advises and represents client to register trademark rights in other under the Madrid Agreement, trademark registration in ASEAN countries.