Brands and trademarks are important assets of a company. A vital first step for any company or individual looking to safeguard their brand and stop illegal use by third parties is to register a trademark in Vietnam. But registering a trademark can be difficult and requires a number of stages that need to be carefully followed. To effectively register a trademark in Vietnam, one must be aware of the available searches, the paperwork needed to file, the procedures followed by the trademark examiner, and how to respond to an office action. It's also crucial to comprehend how disclaimers affect the scope of trademark protection. We will go over these crucial areas of Vietnamese trademark registration in this article so you can go through the procedure with confidence and guarantee the greatest possible brand protection.

1. Pre-filing trademark search

A comprehensive trademark availability search should be carried out before filing a Vietnam trademark registration application. This fulfills the vital function of guaranteeing that the trademark you are proposing does not violate the rights of any other person or entity that might have previously registered a trademark that is identical to yours for the same or similar goods/services. You can determine whether your proposed trademark will be subject to future legal challenges or disputes by performing an extensive trademark search.

Pre-filing trademark searches is optional in Vietnam, but they are strongly advised because they can save a lot of time, money, and effort by preventing trademark conflicts with previous registrants. An applicant can reduce the possibility of encountering legal issues or opposition from previous right holders by carrying out a comprehensive search prior to creating, approving, and filing an application to register a trademark. Thus, in order to reduce any potential dangers and guarantee a seamless registration process for your proposed trademark in Vietnam, it is highly recommended that you carry out a trademark search.

2. Trademark registration process in Vietnam

The total time frame for trademark registration in practice is up to 18-24 months from the filing date due to the current backlog at the Vietnam IP Office. The detail procedures for a smooth case are as follows:

Formality examination (01 month from the filing date)

All trademark applications will be examined by the IP Office with respect to formality requirements. If the application is found to satisfy the formality requirements, then it will be accepted as legitimate by the IP Office in a Notification of Acceptance. In case the application does not meet the formality requirements, the IP Office will reject the application by a Notification of Refusal of Acceptance or request corrections or amendments, as the case may be.

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 opinions of third parties.

Substantive Examination (15-20 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 IP Office within 6 months from the date of publication. However, the practice time can be prolonged up to 15-20 months from the date of publication.

Notification of intention to grant a mark registration and request to pay fee

If examiners judge that the application fulfills the requirements, IP Office 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.

Issue the Trademark 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 IP Office shall carry out the procedures for granting the Trademark Registration Certificate.

3. Required documents

• Name, address of the applicant
• Trademark sample
• List of goods/services bearing the mark according to Nice Classification 11th edition.
• One original signed Power of Attorney (under our form). One PoA can be used for multiple trademark filings in Vietnam.
• One original certified copy of priority application, if claimed.

If you have any further question, please feel free to contact March IP at the email address of info@march.vn to receive detailed advice from the experienced expert.

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