Foreign Trademark Registration Procedure in Vietnam

Registering a foreign trademark in Vietnam is a critical step for international businesses and individuals aiming to enter or expand into the Vietnamese market. To safeguard their intellectual property rights, trademark owners must submit applications to the Vietnam Intellectual Property Office (NOIP) to prevent infringement and ensure sustainable brand development within the country.

Below is a comprehensive guide to the legal basis, eligibility conditions, required documents, and application procedure for foreign trademark protection in Vietnam.

Legal Basis for Foreign Trademark Registration in Vietnam

Foreign trademark registration in Vietnam is governed by the following legal documents:

• Intellectual Property Law No. 50/2005/QH11 issued on November 29, 2005, amended and supplemented by Law No. 36/2009/QH12 dated June 19, 2009.

• Circular No. 263/2016/TT-BTC dated November 14, 2016, issued by the Ministry of Finance on industrial property fees and charges.

• Decision No. 3675/QĐ-BKHCN effective from December 25, 2017, detailing the components of a trademark registration dossier.

Eligibility for Foreign Individuals and Organizations

According to Article 89 of Vietnam’s IP Law, foreign applicants can file a trademark registration in Vietnam under the following conditions:

• Foreign entities with a business establishment or permanent residence in Vietnam may apply directly or through an industrial property representative.

• Those without a business presence or permanent residence in Vietnam must apply through a legally recognized IP representative in Vietnam.

• Applicants from Madrid Agreement or Protocol member countries may choose to register their trademarks in Vietnam via the WIPO international registration system.

Required Documents for Foreign Trademark Registration

As per Decision No. 3675/QĐ-BKHCN, the required documents for a foreign trademark registration application in Vietnam include:

• Trademark registration application form (2 copies, using NOIP’s standard format).

• Trademark specimen (5 copies, size: minimum 2x2cm, maximum 8x8cm).

• List of goods/services classified under the Nice Classification system.

• Proof of fee payment.

• Power of attorney (if filed via an industrial property representative).

• Priority documents (if claiming Paris Convention priority).

Additional documents are required for collective marks or certification marks, including:

• Regulations on the use of the collective/certification mark.

• Description of product characteristics or quality (if applicable).

• Geographical area map (if the mark relates to geographical origin).

• Authorization for the use of a geographical name, if applicable.

All documents must be submitted in Vietnamese. Foreign-language materials must be translated and notarized in accordance with Vietnamese regulations.

Step-by-Step Trademark Registration Process in Vietnam

The typical foreign trademark registration process in Vietnam involves seven key steps:

Step 1: Conducting a Trademark Search

Before submitting an application, conduct a preliminary trademark search to assess registrability and avoid conflicts with existing marks. This step typically takes 1–3 business days. Searches can be conducted:

• Directly via NOIP’s database: http://iplib.noip.gov.vn

• Through an industrial property representative.

Step 2: Classifying Goods and Services

Classify the trademark’s goods/services based on the Nice Classification. The broader the classification, the wider the protection scope—but this also increases the total application fee.

Step 3: Submitting the Trademark Application

Foreign applicants may submit their applications in one of the following ways:

• In-person or by post to the NOIP headquarters in Hanoi or representative offices in Ho Chi Minh City or Da Nang.

• Online submission via NOIP’s public service portal: http://dvctt.noip.gov.vn (requires a valid digital signature).

Applicable fees include filing fees, publication fees, search fees, and substantive examination fees. The total amount depends on the number of classes and listed goods/services.

Step 4: Formality Examination

Within one month from the filing date, NOIP will examine the formality of the application. If valid, a notice of acceptance is issued. If invalid, NOIP will notify the applicant with a deadline of two months for corrections.

Step 5: Publication of Application

Within two months of acceptance, the application is published in the Industrial Property Gazette. This allows third parties to file opposition requests, if any.

Step 6: Substantive Examination

This phase takes around nine months from the publication date. NOIP will assess the distinctiveness, potential for confusion, and similarity with existing trademarks.

Step 7: Grant or Refusal of Trademark Certificate

If the mark qualifies for protection, NOIP issues a Decision on Granting Protection Title. The applicant must then pay the issuance, publication, and registration fees. If rejected, a notification with reasons will be issued, allowing for a response or withdrawal.

Estimated total processing time: 16–18 months, depending on the complexity and NOIP’s workload.

Trademark Validity and Renewal in Vietnam

A Vietnamese Trademark Registration Certificate is valid for 10 years from the filing date and can be renewed indefinitely, each time for 10 years. Renewal should be done within 6 months before expiry, or during a late renewal period (with an additional penalty fee).

Intellectual Property Consulting Services by BKC Law

At BKC Law, we offer comprehensive and professional intellectual property consulting services for businesses, organizations, and individuals seeking to register and protect their IP assets in Vietnam. Our experienced legal team provides services in:

• Trademark, copyright, patent, and industrial design registration

• IP infringement resolution, including warning letters, litigation, and cooperation with authorities (IP inspectors, Customs, Market Surveillance)

• IP commercialization and brand development strategies

With extensive legal expertise in both domestic and international IP law, BKC Law is committed to protecting and building clients’ IP assets for long-term business success and competitive advantage.

Contact BKC Law:

For free legal consultation, contact BKC Law at:

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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