Trademark Registration in Vietnam

◄ Return to Intellectual Property

General Information

A trademark may be in the form of words, letters, or images or a combination of such elements in one or several colours.

Trade marks, service marks, collective marks, and three-dimension marks are objects of protection. An Appellation of Origin may be protected in Vietnam only if it is protected in the home country.

  1. REGISTRATION 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.

    Vietnam adopts Nice Classification System and multi-class applications are accepted.

    Duration of examination as to form is three (3) months from the date of receiving application. Duration of examination as to substance is nine (9) months from the date of Notice of official acceptance of application as to form.

  2. APPEAL PROCEDURE

    3. Appeal against the rejection of an application or, rejection of grant of Trademark Registration Certificate of by the applicant or, appeal against decision to grant Trademark Registration Certificate 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 Certificate (with payment of fees in accordance with regulation by the appellant).

    Opposition procedures before grant of Trademark Registration Certificate are not provided by law.

  3. PUBLICATION

    4. Application for registration of Trademark shall not be published in the Industrial Property Gazette. After grant of Trademark Registration Certificate, the mark shall be published in the Gazette.

  4. FORM AND TERM OF PROTECTION

    5. The rights on mark (trade mark, service mark and collective mark) are conferred by registration. The first to file rule is applied. Use is not required at the filing but the registered mark should be used within five (5) years from the date of registration.

    The term of the registration is ten (10) years and may be renewed for successive ten-year periods.

  5. TRADEMARK SEARCH

    6. Searches are conducted by the Trademark Office of NOIP and cover registrations and pending applications, both national and international under Madrid Agreement with extension to Vietnam. Search reports can be delivered within ten (10) days. Although they might not be exhaustive, the searches are useful for deciding registration strategies.

Filing Information

  1. DOCUMENTS REQUIRED AT FILING

    2. The documents required at filing an application can be furnished in a language other than Vietnamese but have to be translated into Vietnamese.

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

      General Power of Attorney is acceptable for filing various trademarks in the name of the same applicant(s).

    2. A notarized ◘ Deed of Assignment of the right to file application to the applicant, if applicable.

    3. Twenty (20) reproductions of the mark, size is not less than 15 x 15 mm and not more than 80 x 80 mm.

    4. Three (3) additional representations in black and white, if the mark is in color.

      Word mark representations may be prepared at our end.

    5. Three (3) copies of request for registration of Trademark in the format issued by the National Office of Industrial Property filled in and signed by Industrial Property agent.

    6. In case of a collective mark, a certified copy of the regulation governing the use of the mark.

      This document must contain the list of users, the identification of the representatives.

  2. INFORMATION

    1. Description of the mark: significance/meaning of each component; identification of each color claimed; mark with wording other than in Roman characters should be accompanied with phonetic transcription/transliteration and identification of the language used.

    2. List of goods/services of real interest must be stated.

    3. International classification of goods and services is to be indicated, if known.

      Multi-class applications are accepted.

  3. DOCUMENTS REQUIRED FOR CLAIMING PRIORITY

    1. A certified copy of the first application, or

    2. A copy of Certificate of Exhibition, sworn English French translation, if necessary.

      Three (3) months of late filing is acceptable.

  4. APPELATION OF ORIGIN

    1. A copy of document specifying the characteristics of the goods bearing appelation of origin, certified by a competent authority.

    2. A copy of document certifying that the goods produced or traded by the applicant have the respective characteristics and are produced in respective locality.

    3. A copy of the Certificate of Appelation if Origin granted by the country of origin.