Detailed consultation on trademark registration services in Vietnam

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

The importance of trademark registration

A trademark is a sign that distinguishes the goods or services of one business from those of others. When a trademark is registered, the owner has the exclusive legal right to use it in the market and can prevent others from using a similar or confusingly similar mark. This not only protects the reputation and credibility of the business but also creates a significant competitive advantage.

What are the conditions for trademark protection?

According to Article 72 of the Intellectual Property Law 2005 (amended in 2009 and 2022), a trademark is eligible for protection if it meets two main conditions:

• It is a visible sign in the form of letters, words, drawings, images, three-dimensional figures, or a combination thereof, which may include colors.
• It has the ability to distinguish the goods or services of the owner from those of others.

This ensures that a trademark not only has a clear form but also serves to identify the source of goods or services, protecting the rights of both businesses and consumers.

Who has the right to register a trademark?

According to Article 87 of the Intellectual Property Law 2005 (amended in 2009 and 2022):

• Organizations or individuals have the right to register a trademark for goods they produce or services they provide.

• Organizations or individuals engaged in lawful commercial activities can also register a trademark for products they bring to market, even if those products are manufactured by others, provided that the manufacturer does not use the trademark and does not object to the registration.

Thus, according to the law, both individuals and organizations can apply for trademark registration as long as they are the manufacturers or service providers of the respective goods or services.

Trademark registration application

Legal provisions on trademark registration applications

According to Article 105 of the Intellectual Property Law 2005 (amended in 2009 and 2022), a trademark registration application must include:

• A sample of the trademark and a list of goods or services bearing the trademark.

• Regulations on the use of collective trademarks and certification trademarks (if applicable).

• A description clarifying the elements of the trademark and its overall meaning (if any). If the trademark contains pictographic characters, they must be transcribed; if it contains foreign words, they must be translated into Vietnamese.

• The goods or services listed in the application must be classified according to the Nice Classification of Goods and Services for trademark registration.

Documents required for trademark registration

According to Clause 1, Article 100 of the Intellectual Property Law 2005 (amended in 2009 and 2022), an industrial property registration application must include:

• A completed registration form (Form No. 04-NH, Appendix A of Circular 01/2007/TT-BKHCN).

• Documents, samples, and information demonstrating the object of industrial property protection, as stipulated in Articles 102–106 of the law.

• A power of attorney, if the application is submitted through a representative.

• Documents proving the right to register, if the applicant derives this right from another entity.

• Documents proving priority rights, if applicable.

• Proof of fee and charge payment.

Organizations or individuals wishing to register a trademark must prepare these documents and submit them to the state management agency in charge of industrial property rights.

Latest trademark registration process

The trademark registration procedure follows these detailed steps:

Step 1: Application submission

The trademark registration application can be submitted directly, online, or by mail to the Intellectual Property Office of Vietnam (IP Vietnam) in Hanoi or its representative offices in Ho Chi Minh City and Da Nang.

• Submitting in person or by mail:

  • In-person submission: Applicants can submit a paper application at one of the following IP Vietnam offices:

    • Head office (Hanoi): 386 Nguyễn Trãi, Thanh Xuân District.

    • Ho Chi Minh City office: 7th Floor, Hà Phan Building, 17/19 Tôn Thất Tùng, Phạm Ngũ Lão Ward, District 1.

    • Da Nang office: 3rd Floor, 135 Minh Mạng, Khuê Mỹ Ward, Ngũ Hành Sơn District.

  • Mail submission: The filing date is determined based on the postmark date.

• Online submission: The applicant must have a digital certificate, electronic signature, and a registered account on the online application system approved by IP Vietnam.

Step 2: Formality examination

IP Vietnam will review the application’s compliance with formal requirements. The results may be:

• Accepted: A decision to accept the application is issued.

• Rejected: A notice of intent to refuse is issued, stating reasons and requiring corrections within two months. If not corrected or corrections are insufficient, the application will be officially refused.

Processing time: 1 month.

Step 3: Publication of the application

If the application is accepted, its details will be published in the Industrial Property Gazette within 2 months.

Step 4: Substantive examination

IP Vietnam will assess whether the trademark meets protection criteria and determine the scope of protection.

Processing time: 9 months from the publication date.

Step 5: Payment of fees and charges

Once a notice of intent to grant protection is issued, the applicant must pay the following fees:

• Trademark application fee: 150,000 VND per trademark per class.

• Publication fee: 120,000 VND.

• Search fee: 180,000 VND per class; 30,000 VND for each additional product/service beyond six.

• Substantive examination fee: 550,000 VND per class; 120,000 VND for each additional product/service beyond six.

Step 6: Issuance or rejection of protection certificate

• Rejection: If the trademark fails to meet protection criteria.

• Approval: If the trademark meets all requirements and the applicant has paid all necessary fees. The decision is recorded in the National Register of Trademarks and published in the Industrial Property Gazette.

Trademark registration services by BKC Law

BKC Law provides comprehensive and efficient trademark registration services to protect your brand. Our services include:

• Trademark search to assess registrability.

• Preparation of application documents and submission to IP Vietnam.

• Monitoring the registration process and handling potential issues.

With experienced intellectual property lawyers, we are committed to delivering professional and dedicated services at transparent and reasonable costs. Our goal is to provide the best legal protection for your brand.

Contact BKC Law for free consultation:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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