Trademark registration. You are an individual or a business that spends a lot of time and effort to build and develop your brand. You are interested in the registration procedure but do not know where to start. Please refer to VNNA’s article on “Registration procedure for trademark” for useful information.
Definition
Trademark means any sign used to distinguish goods or services of different organizations or individuals.
Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors.
Registration procedure for trademark
Registration procedure for trademark: document
Minimum documents:
- 02 Declaration for registration which are typed according;
- In addition to the mark specimen attached to the written declaration, the application must be enclosed with 05 identical mark specimens;
- Power of attorney (in case the request is filed through a representative).
* For an application for registration of a collective mark or certification mark, in addition to the documents specified above, the application must also contain the following documents:
- Regulations on use of collective marks and certification marks;
- Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin);
- Map showing the indicated territory (if the to-be-registered mark is a mark for certification of the geographical origin of a product);
- Document of the People’s Committee of a province or city directly under the Central Government permitting the use of geographical names or signs indicating the geographical origin of local specialties to register a trademark (if the registered mark is a collective mark certification mark contains place names or signs indicating the geographical origin of local specialties).
Other documents (if any):
- Documents certifying the permission to use special signs (if the trademark contains emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state agencies/ organizations or international organizations, etc.);
- Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
- Documents evidencing the right of priority (if the patent application has a claim for priority right).
Fees and charges for trademark registration
– Official charges for filing application: VND 150,000/ 01 application;
– Fee for publication of application: VND 120,000/ 01 application;
– Fee for the trademark search for the substantive examination process: VND 180,000/ 01group of goods or services;
– Fee for the trademark search from the 7th good or service onwards: VND 30,000/ 01 good or service;
– Fee for formality examination: VND 550,000/ 01 group of goods or services;
– Fee for formality examination from the 7th good or service onwards: VND 120,000/ 01 good or service.
Time limit for processing trademark registration applications
From the date on which the registration application is received by the IPVN, the registration application of a trademark shall be examined in the following order:
- A trademark registration application shall have its formalityexamination within 01 month from the filing date.
- Publication of trademark registration applications: A trademark registration application shall be published within 02 months after it is accepted as a valid application;
- An industrial property registration application shall be substantively examined within09 months from the date of application publication.
Methods of filing application
There are two forms of filing a trademark application with the Intellectual Property Office:
Paper filing:
Applicants can submit trademark applications directly to the application reception points of the Department of Intellectual Property at the following addresses:
- Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
- Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
- Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
Online filing:
Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
Please refer to the article for more information: Notice When Registering a Trademark Containing Elements of the Vietnam Map
Above is the procedure for registering a trademark application for individuals/businesses. If you need to register a trademark application, please contact VNNA for detailed advice and instructions.
- Email: info@vnna.com.vn
- Hotline: 0862 618 669 or 0865 069 288
