How do I register a trademark in Vietnam?

Why need to register trademark in Vietnam?

It is essential to register a trademark in Vietnam's thriving market. It guarantees the exclusive rights to your name, logo, or tagline, protecting your brand identification from imitators. This distinguishes your goods and services from the competition and increases customer trust. Registering your trademark also gives you more ability to combat counterfeiting and could raise the value of your brand. Long-term brand security gives you a competitive advantage and opens doors for future success in Vietnam.

Registering a trademark in Vietnam involves following a specific process with the National Office of Intellectual Property of Vietnam (NOIP).

6 Steps guide for Vietnam trademark registration

1. Prepare the necessary documents

2. Submit your application to the NOIP

3. Formality examination

4. Publication

5. Opposition period

6. Grant of registration

1. Prepare the necessary documents

Documents required for Vietnam trademark registration:

Trademark application form: This form can be obtained from the NOIP website or their office.

Representation of the trademark: This could be a logo, symbol, phrase, or word you want to register. You'll need to submit five clear images.

List of goods and services: Clearly specify the products or services your trademark will be used for.

Declaration of ownership: A document stating your claim to the trademark.

Power of Attorney (if applicable): If you're using a legal representative for filing, a signed Power of Attorney document is required. This doesn't need to be notarized or legalized in Vietnam.

Priority documents (if applicable): If you claim priority based on a trademark filing in another country, you'll need a certified translated copy of that document.

Payment of official fees: The filing fee needs to be paid according to the NOIP's schedule.

2. Submit your application to the NOIP

You can submit your application directly to the NOIP office or electronically through their online system (if available).

3. Formality examination

The NOIP will examine your application within a month to ensure it meets all the formal requirements.

4. Publication

If your application passes the formality check, it will be published in the Industrial Property Official Gazette within two months. This allows others to oppose the registration.

5. Opposition period

There's a designated period (usually 3 months) for third parties to file an opposition against your trademark registration.

6. Grant of registration

If there's no opposition or the opposition is rejected, the NOIP will grant your trademark registration and issue a certificate. The trademark will be valid for 10 years from the filing date and can be renewed for additional 10-year periods.

Consider conducting a trademark search before filing to ensure your chosen mark isn't already registered.

Partnering with a trademark lawyer in Vietnam can be helpful, especially if you're unfamiliar with the legalities or require assistance with the process.

You can find more information and resources on the NOIP website: https://ipvietnam.gov.vn/ (English version available).

Remember, this is a general overview, and specific requirements or procedures might change. It's always recommended to consult with trademark attorneys in Vietnam for the latest information and personalized guidance.