Summary

VIETNAM TRADEMARK 

Definition:
 A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.

Features :
A trade mark has to fulfil the following conditions in order to claim protection.

• it must be distinctive
• it cannot be generic
• it cannot be deceptively similar to a previous or existing trademark.
• It cannot be a geographical name or surname
• It cannot be deceptive or confusing
• It cannot be scandalous or offensive
• it cannot have direct reference to the character or nature of the goods/services

Membership:
Vietnam is a party to the Madrid Agreement.  

Eligibility:
The owner of the mark is the only competent person to file an application for the registration of a mark.

Applicants not residing or carrying on business in Vietnam has to nominate a Vietnamese Registered Trademark agent to act on their behalf.

Procedure

VIETNAM TRADEMARK APPLICATION

1.Searching
This is the first step before an application is made for the registration of a trademark. Although a prior search is optional it helps in determining the existence of previous marks.

2.Application
Every applicant is required to submit an application containing  the following information.

• Notarized Power of Attorney
• Trademarks Samples
• List of Products and Services
• Priority Documents

3.Examination
Formal Examinations are conducted within 3 months from the filing date. Responses for amendments to application are made within 2 months from the date of request.

4.Publication
A trademark will after examination be published in the government gazette subject to the satisfaction of the registrar.

5.Substantive Examination
A substantive examination takes place 6 months from the date of publication.

6.Registration
On completion of the formalities a certificate of registration is granted. The duration of registration takes a minimum period of 12 months. The registration is effective from date of application.

7.Protection
A trade mark once registered is valid for a term of 10 years and can be renewed every  10 years for an unlimited period.

8. Enforcement Remedies
Infringement proceedings are instituted in Courts of law and often contain remedies of final injunction, damages and account of profits.

Charges

Trademark Application InVietnam

Documents Required For Filing A Trademark Application

Basic Requirements