TRADEMARK REGISTRATION FLOWCHART
REGISTRATION PROCESS IN SMOOTH CASES
The total time frame for trademark registration in practice is up to 24-28 months from the filing date due to the current overload at the Vietnam IPO. The detail procedures are as follows:
(1) Filing the application
Organizations, individuals of Viet Nam, foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for a mark registration either directly or though a lawful representative in Viet Nam.
Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a mark registration through a lawful representative in Viet Nam.
(2) Formality examination (01 month from the filing date)
An application for a mark registration filed with the NOIP shall be subject to formality examination for evaluating its validity.
(5) Publication of the application (02 months from the formality acceptance date)
Within 2 months as from the date the application is accepted as formally valid, it will be published in the Industrial Property Official Gazette for oppositions and comments of third parties.
(6) Substantive Examination (18-24 months from the publication date)
The purpose of substantive examination of mark applications is to assess the eligibility of objects claimed in the application under the requirements and corresponding protection scope. An examination will be carried out by examiners of the NOIP within 6 months from the date of publication. However, the practice time can be prolonged up to 18-24 months from the date of publication.
(9) Notification of intention to grant a mark registration and request to pay fee
If examiners judge that the application fulfills the requirements, NOIP will issue a notification of its intention to grant the mark registration and request to pay fee for the issue of a mark registration to the applicant and set the limited time of 3 months for applicant to pay fees.
(10) Issue the Mark Registration Certificate (01 months from date of the payment fees)
Within 15 days after applicant pays fully and on time the prescribed fees and charges, the NOIP shall carry out the procedures for granting the Mark Registration Certificate.
(10) Entry into the National Register of Industrial Property and publication of the Mark Registration Certificate (02 months from the registration date)
The Mark Registration Certificate shall be recorded in the National Register of Marks and the decision on granting the mark registration shall be published by the NOIP in the Industrial Property Official Gazette within two (2) months from the date of issuance and after applicant pays a publication fee.
- Name, address, nationality of the applicant
- Trademark sample, preferably in jpeg. format at the highest resolution
- List of goods/services bearing the mark according to Nice 11th edition.
- One original signed Power of Attorney (under our form)
- One original certified copy of priority application, if claimed.
INTERNATIONAL TRADEMARK REGISTRATION DESIGNATED INTO VIETNAM
- For an application for international mark’s registration designating Vietnam, the NOIP shall conduct the substantive examination of the application according to the procedures applicable to mark registration application filed directly with the NOIP. Within 12 months after the International Bureau issues the notice, the NOIP shall make a conclusion on protectability of the mark.
- For the international mark registered through the Madrid system, the NOIP shall, if accepted for protection, issue and publish a decision on acceptance for protection of an internationally registered mark in its Industrial Property Official Gazette. At the request of an internationally registered mark owner, the NOIP issues a certificate of protection in Viet Nam of the internationally registered mark.
A trademark registration shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. The validity of a certificate of registered mark may be extended many times for a period of ten years each for all or part of the list of goods and services in a mark registration.
To have the validity of his/her trademark protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.