Registration Procedure for Trademarks in Vietnam

Registration Procedure for Trademarks in Vietnam

1. What is a Trademark?

According to the Vietnamese IP Law (amended in 2022):

“A trademark means any sign used to distinguish goods or services of different organizations or individuals.”

2. Minimum Documents Required

• 02 Declarations for Registration, typed according to form No. 04-NH Appendix A of Circular No. 01/2007/TT-BKHCN.
  • The trademark description must clarify the elements and comprehensive meaning of the mark, if any.
  • If the mark consists of words in hieroglyphic or foreign languages, they must be transcribed and translated into Vietnamese.
  • Numerals other than Arabic and Roman must be transliterated into Arabic numerals.
  • The “List of goods and services bearing the mark” must be classified under the latest version of the Nice Agreement.
• 05 identical mark specimens, meeting the following criteria:
  • Clearly presented with dimensions ranging between 8 mm and 80 mm.
  • Entire mark presented within an 80 mm x 80 mm frame.
  • For a color mark, the specimen must be presented in the colors sought for protection.
• Fee and charge receipts.

Additional Requirements for Collective or Certification Marks:

• Regulations on use of collective or certification marks.
• Explanation of unique characteristics and quality of the product (if applicable).
• Map showing the indicated territory (if the mark certifies geographical origin).
• Permission from the People’s Committee for marks containing geographical names or indicators.

3. Other Documents (if any)

• Power of attorney, if filing through a representative.
• Permission to use special signs, if the trademark includes emblems, flags, official names, etc.
• Assignment of the right to file an application, if applicable.
• Documents proving lawful registration rights, if filing rights are derived from another party.
• Documents evidencing priority rights, if claiming priority.

4. General Requirements for Trademark Applications

• Each application can request protection for one trademark.
• All documents must be in Vietnamese. Foreign language documents must be translated.
• Documents must be in portrait format on A4 paper with 20 mm margins, Times New Roman font, size 13.
• Multiple-page documents must be numbered in Arabic numerals.
• All documents must be typed or printed clearly, with non-fading ink, and free from erasures or modifications.
• Symbols, units of measurement, fonts, and spelling must conform to Vietnamese standards.
• The application may include electronic data carriers for document content.

5. Fees and Charges for Trademark Registration

• Official charge for filing: VND 150,000 per application.
• Publication fee: VND 120,000 per application.
• Trademark search for substantive examination: VND 180,000 per group of goods/services.
• Additional trademark search fee (from the 7th item onward): VND 30,000 per item.
• Formality examination fee: VND 550,000 per group of goods/services.
• Additional formality examination fee (from the 7th item onward): VND 120,000 per item.

6. Time Limit for Processing Trademark Applications

Upon receipt, applications will be processed as follows:

• Formality Examination: 01 month from the filing date.
• Publication: Within 02 months after acceptance as a valid application.
• Substantive Examination: Within 09 months from the publication date.

7. Methods of Filing Applications

a) Paper Filing

Applications can be submitted in person or via postal service to one of the following offices:

• Head Office of IPVN: 386 Nguyen Trai, Thanh Xuan District, Hanoi.
• Representative Office in Ho Chi Minh City: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, District 1.
• Representative Office in Da Nang: 3rd Floor, 135 Minh Mang, Ngu Hanh Son District.

For postal submissions, fees must be transferred via postal service, with proof of payment attached to the application.

b) Online Filing

• Conditions: Applicants must have a digital certificate, digital signature, and registered account approved by IPVN.
• Procedure:
  1. Complete the online application form on the IPVN’s Online Application Receiving System.
  2. Receive confirmation of online submission.
  3. Present confirmation, attach required documents, and pay fees at an IPVN office within 01 month.
  4. If all documents and fees are correct, an application number will be issued.
  5. If incomplete, the application will be denied.
  6. If the applicant fails to complete the procedure, the online application will be canceled, and a Cancellation Notice will be issued.