TRADEMARK REGISTRATION IN VIETNAM
Legal entities and natural persons duly doing business. Foreign applicants not resident in Vietnam or without a legal representative or a real and effective industrial or commercial establishment in Vietnam have to carry out the filing of application and related procedures only through an empowered IP Agent.
CLASSIFICATION: International Classification under the Nice Agreement. Multiple-class applications are acceptable.
EXAMINATION: According to the IP law, it takes one (01) month from the filing date for Formality Examination. It takes six (09) months from the date of publication of the application for Substantive Examination.
TERM OF PROTECTION: Ten (10) years from filing date and renewable indefinitely for periods of ten years, subject to payment of renewal fees.
1. Order Letter containing the following information
- Full name, registered address, and nationality of the applicant.
- List of goods and/or services bearing the mark in accordance with the International Classification of Goods and Services.
- Date, number of the earlier application, country and applicant, for claiming convention priority (if any).
2. Documents required at filing
- Power of Attorney from the applicant. General Power of Attorney is acceptable for filing various trademarks in the name of the same applicant. Fax/copy of Power of Attorney is accepted at filing, provided that the original one is required within maximum three (03) months from filing date. Notarization of the Power of Attorney is not required.
- Sample of the mark, maximum size 8cm x 8cm, minimum size l.5cm x l.5cm.
- General Power of Attorney (the trademark name is not indicated in the General Power of Attorney) is acceptable for filing various trademark applications in the name of an applicant.
- Renewal duration: renewal could be done in advance 6 months before the expiration date of trademark registrations. Belated renewal request can be accepted but not later than 06 months after the renewal due date has passed, which must be subject to a 10% surcharge on the official fees for each late month.
- Use of trademark: once a trademark has been registered, its owner shall be obligated to use such mark continuously and shall not suspend that use for more than 5 consecutive years in Vietnam. In the event that this obligation is not fulfilled, the validity of the certificate of the trademark can be suspended by an action of the third party.