Vietnam

Legal basis is the Intellectual Property Law 2005, in force since July 1, 2006, as revised under the Law No. 36/2009/QH12, in force since January 1st, 2010.All trademarks registered in South Vietnam before April 30th, 1975, are not protected in present Vietnam.Vietnam is a member of the Madrid Agreement and the Madrid Protocol. Trademark protection is obtained by registration.

Trademark registration classification:

Nice Classification

Requirements:

  • Name, nationality, profession and address of the applicant.
  • Details of the trademark owner (name, address, registration number).
  • Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
  • The details of goods and/or services for which the trademark will be registered or the classes in case they are known.
  • A non-legalized power of attorney is sufficient.

Procedure:

  • A trademark application has to be filed before the National Office of Intellectual Property by a local agent. 
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
  • Before registration the trademark application is published in the Official Gazette of Industrial Property.
  •  Applications may be opposed at any time after the publication date and before issuance of the registration certificate.
  • It takes approximately 12 months from first filing to registration. 

Duration and Renewal: A trademark registration is valid for 10 years from date of application.The registration is renewable for periods of 10 years.

 

 Fee Structure
          
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