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Trademark registration services in Vietnam play a crucial role in protecting the intellectual property rights of businesses and individuals. In an increasingly competitive market environment, trademark registration not only establishes lawful ownership but also strengthens brand value and enhances product or service recognition. From providing advice on selecting suitable trademarks to handling complex legal procedures, trademark registration services in Vietnam have become increasingly professional and efficient. This article provides an overview of the quality of services, the implementation steps, as well as the advantages and limitations of trademark registration services in the country.

The Importance of Trademark Registration

A trademark is a sign used to distinguish the goods or services of one enterprise from those of others. Once a trademark is registered, the owner obtains exclusive legal rights to use that trademark in the market and can prevent others from using similar or confusingly similar marks. This not only safeguards the reputation and prestige of the business but also creates significant competitive advantages.

What are the Conditions for a Trademark to be Protected?

Pursuant to Article 72 of the Intellectual Property Law 2005 (as amended and supplemented in 2009 and 2022), the general conditions for a trademark to be protected are as follows.

A trademark shall be protected if it meets two main conditions:

(1) It is a visible sign in the form of letters, words, drawings, images, three-dimensional shapes, and may include colors;

(2) It has the ability to distinguish the goods or services of the owner from those of other entities. This ensures that the trademark is not only visually clear but also serves the function of identifying the origin of the goods or services, thereby protecting the legitimate interests of both businesses and consumers.

Who is Entitled to Register a Trademark?

Pursuant to Article 87 of the Intellectual Property Law 2005 (as amended and supplemented in 2009 and 2022), the following are stipulated:

• Organizations or individuals have the right to register trademarks for goods they produce or services they provide.
• Organizations or individuals lawfully engaged in commercial activities also have the right to register trademarks for products they place on the market, even if such products are produced by others, provided that the producer does not use that trademark for the products and does not object to such registration.

Accordingly, under the law, there is no distinction between individuals or organizations as eligible applicants for trademark registration. The key requirement is that the goods or services must be produced or provided by that individual or organization before trademark registration can be pursued.

Trademark Registration Dossier

Legal Requirements for a Trademark Registration Application

Pursuant to Article 105 of the Intellectual Property Law 2005 (as amended and supplemented in 2009 and 2022), the requirements for a trademark registration application are as follows:

– Documents, specimens, and information identifying the trademark to be protected in the application include:

+ Specimen of the trademark and list of goods and services bearing the trademark;

+ Regulations on use of collective trademarks or certification trademarks.

– The trademark specimen must be described to clarify the constituent elements of the trademark and its overall meaning (if any); if the trademark contains words or phrases in hieroglyphic languages, such words or phrases must be transliterated; if the trademark contains words or phrases in foreign languages, they must be translated into Vietnamese.

– Goods and services listed in the trademark registration application must be classified according to the Nice Classification of Goods and Services for the Purposes of the Registration of Marks, as published by the state authority for industrial property.

Trademark Registration Dossier

Pursuant to Clause 1, Article 100 of the Intellectual Property Law 2005 (as amended and supplemented in 2009 and 2022), an industrial property registration application includes the following documents:

– Application form according to Form No. 04-NH in Appendix A of Circular 01/2007/TT-BKHCN
– Documents, specimens, and information representing the industrial property subject matter to be protected as prescribed in Articles 102 to 106 of the Law;
– Power of attorney, if the application is filed through a representative;
– Documents proving the right to file, if the applicant derives such right from another person;
– Documents proving priority rights, if priority is claimed;
– Proof of payment of fees and charges.

Organizations and individuals wishing to register a trademark must prepare the above dossier and submit the complete file to the state authority for industrial property.

Current Trademark Registration Procedure (Latest)

The trademark registration procedure is carried out through the following detailed steps:

Step 1: Receipt of Application

The trademark registration application may be filed directly, online, or by post to the headquarters of the National Office of Intellectual Property in Hanoi, or to its representative offices in Ho Chi Minh City, Hanoi, and Da Nang. Specifically:

1. Filing directly or by post:

– Direct filing conditions: The trademark owner may submit a paper application directly at the National Office of Intellectual Property at one of the following addresses:

• Headquarters of the National Office of Intellectual Property in Hanoi: 386 Nguyen Trai Street, Thanh Xuan District.
• Representative Office of the NOIP in Ho Chi Minh City: 7th Floor, Ha Phan Building, 17/19 Ton That Tung Street, Pham Ngu Lao Ward, District 1.
• Representative Office of the NOIP in Da Nang: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District.

– Postal filing conditions: Send the dossier by post to one of the NOIP’s filing receipt points. The filing date is determined by the postmark at the place of dispatch.

2. Online filing conditions: The applicant must have a digital certificate, digital signature, and a registered account on the Online Application Receipt System, and obtain approval from the National Office of Intellectual Property to conduct industrial property registration transactions.

Step 2: Formal Examination

The National Office of Intellectual Property will examine the formal validity of the application. Possible outcomes include:

• Acceptance of a valid application: Issuance of a decision to accept the application.
• Non-acceptance of a valid application: Issuance of a notice of intended refusal, stating the reasons and requiring corrections within 2 months. If no corrections are made or corrections are insufficient, a decision of refusal will be issued.

The formal examination period is within 1 month.

Step 3: Publication of the Application

Within 2 months after the application is accepted as valid, the information will be published in the Industrial Property Official Gazette.

Step 4: Substantive Examination

The National Office of Intellectual Property will assess the trademark’s eligibility for protection based on the protection conditions and determine the corresponding scope of protection. The period is within 9 months from the publication date.

Step 5: Payment of Fees and Charges for Trademark Registration

Upon receipt of the notice of intention to grant a protection title, the applicant shall pay the following fees and charges:

• Trademark registration filing fee: 150,000 VND per trademark per group of goods/services;
• Publication fee for trademark application: 120,000 VND;
• Search fee for substantive examination support: 180,000 VND per group of products/services;
• Search fee for the 7th and subsequent products/services: 30,000 VND per product/service;
• Substantive examination fee: 550,000 VND per group of products/services;
• Substantive examination fee for the 7th and subsequent products/services: 120,000 VND per product/service.

Step 6: Issuance of Decision to Grant or Refuse Protection Title

• Refusal to grant protection title: If the trademark does not meet the protection requirements.
• Grant of protection title: If the trademark meets the protection requirements and the applicant has paid all required fees and charges. The decision will be recorded in the National Trademark Register and published in the Industrial Property Official Gazette.

Trademark Registration Services Provided by BKC Law

BKC Law’s trademark registration service offers a comprehensive and efficient solution for protecting your brand rights. We support you from trademark availability searches to determine registrability, preparation of necessary dossiers, filing of applications, to monitoring and handling related issues throughout the entire registration process. Our team of lawyers has extensive experience in the field of intellectual property and is committed to providing professional and dedicated services. In particular, we offer reasonable and transparent fee structures, helping you save costs while ensuring the highest service quality. We always strive to provide peace of mind and the best possible protection for your brand.

For additional information and free consultation from BKC Law’s Lawyers, please contact us using the following details:

Điện thoại : 0901 3333 41

Email: info@bkclaw.vn

VP Quận 1: Tầng 9 Tòa nhà Diamond Plaza, 34 Lê Duẩn, Quận 1, Tp. Hồ Chí Minh

VP Bình Tân: 41 Tên Lửa, Quận Bình Tân, Tp. Hồ Chí Minh