How to Register your Trademark in Vietnam?
In general, a trademark is defined as anything that distinctly separates a person, a firm or a legal entity. It is considered intellectual property (IP), and therefore the Intellectual Property Office of Vietnam is the primary authority body approving trademark applications.
In a developing country like Vietnam, piracy is still prevalent. With that being said, even renowned international brands may suffer from trademark infringement. Registering your trademark in Vietnam early will help to protect your rights. Once done, you can take legal action and file lawsuits against the unauthorized use of your trademark.
Since it takes up to two years to obtain a trademark certificate, you are highly advised to register your trademark as soon as possible, especially when the rule “first-come-first-served” applies.
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The Procedure of Trademark Registration in Vietnam
| No | Name of Documents | Notes |
|---|---|---|
| 1 | Declaration for registration | According to the form of State Agencies |
| 2 | Samples of trademarks attached | |
| 3 | Proof of payment of fees and charges to the State Agencies | |
| 4 | Power of Attorney | In case of applying through a representative |
| 5 | Documents certifying the permission to use special signs | In case the trademark required to protected containing symbols, flags, badges of domestic and international agencies and organizations, etc |
| 6 | Documents proving the right to register | In case such right is acquired by the applicant from another person |
| 7 | Documents evidencing the priority right | If the application has the requirement for priority right |
What to know About Registering Your Trademark
Time-limit for processing trademark applications
From the date of receipt by the National Office of Intellectual Property of Vietnam (“NOIP”), the trademark registration application shall be considered in the following order:In fact, the above time for trademark registration can be extended up to 18 – 24 months for the following reasons:
Means of applying
The validity of the certificate of trademark registration
10 years from the date of issuance. And it can be renewed for several consecutive times, for each ten yearsTrademark Registration in Vietnam with InCorp Vietnam
Intellectual Property Right Consultant
It is mandatory for foreign applicants of trademark registrations to file for the processing of their application via a local IP consultant with a signed Power of Attorney and Declaration of Entitlement such as InCorp Vietnam.
Trademark Market Research
InCorp Vietnam will make sure that the trademark you intend to register has not been already registered by a different entity. We will also confirm that your trademark is in compliance with the Trademark Act and values in Vietnam.
Certified Translation
As your trademark application must be submitted in the Vietnamese language, InCorp Vietnam is able to provide translation services. All your requested documents will be translated accordingly so that they are understood by native Vietnamese.
