Design Registration in Vietnam

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General Information

As an Industrial Design protectable is the specific appearance of a product embodied by lines, three-dimensional forms, colors and combination thereof, which is world-wide new and capable to serve as a pattern for an industrial or handicraft production.

  1. APPLICATION AND EXAMINATION PROCEDURE

    2. Foreign natural persons not resident in Vietnam or foreign legal persons without a legal representative or a real and effective industrial or commercial establishment in Vietnam may carry out the filing of application and related procedures only through an empowered industrial property agent.

    Application for registration Industrial Design must be filed with the National Office of Industrial Property (NOIP) or any Receiving Office established by NOIP.

    Application shall be examined as to form within three (3) months from the date of receiving application and shall be examined as to substance within nine (9) months from the date of the Notice of official acceptance of the application.

  2. PUBLICATION

    3. Application for registration of Industrial Design shall be published in the Industrial Property Gazette in the 2nd month of the date the application is officially accepted as to form.

    Upon a request by the applicant for expedited publication, the application of Industrial Design shall be published within one month from the date of filing request.

  3. APPEAL PROCEDURE

    4. Appeal against the rejection of an application or, rejection of grant of patent for Industrial Design by the applicant or, appeal against decision to grant of certificate of registration for Industrial Design by a third party may be filed within three (3) months from the date of issuance of decision or notice (without being subject to a fee). An invalidation action may be filed by a third party during the validity of the registration (with payment of fees in accordance with regulation by the appealant).

  4. TERM OF PROTECTION

    5. The term of protection of Industrial Design is five (5) years counted from the date of official acceptance of the application with possibility to be renewed for further two (2) five-year periods.

Filing Information

The documents required at filing include:

  1. A notarized ◘ Power of Attorney (fax copy accepted at filing, original required within 3 months) signed by the applicant(s) and certified by a duly admitted public notary of the applicant's country.

  2. Notarized ◘ Deed/s of Assignment from the creator(s) to the applicant(s), if the applicant is not the creator(s) or document justifying the right to apply (inheritance, employment contract, service contract).

    General Power of Attorney and Deed of Assignment are acceptable for filing various designs in the name of the same applicant(s) and by the same creator(s).

  3. Notarized Deed of Assignment of priority right if the applicant is not the applicant having filed the priority application.

  4. A description of the Industrial Design; Vietnamese translation must be submitted within three (3) months from the date of filing application.

  5. Six (6) sets of photographs or six (6) sets of drawings of the Industrial Design which comprise perspective, front, top, bottom, left, right and back views. Dimension of representation should not be more than 210x297 mm and not less than 90x120mm.

  6. A certified copy of the earlier/basic application(s) or Exhibition Certificate, its sworn English/French translation if necessary, for claiming Convention priority(ies) is required within three (3) months from the date of filing application.

  7. Three (3) copies of request for grant of Patent for Industrial Design in the format issued by National Office of Industrial Property filled in and signed by Industrial Property agent.

  8. A copy of document certifying ownership to the trademark if the Industrial Design contains a trademark.