Trademark registration

Trademark registration is a form of recording the enterprise’s ownership of the images of the goods and services. Trademark registration plays a particularly important role for enterprises because when the image of an enterprise or goods is in circulation on the market, it is inevitable that it will be copied or registered by other enterprises. Understand this, but at the early stage of starting a business, many enterprises devote all their resources to focus on business development and usually care about the trademark only when the enterprise is stable, and there will be nothing to guarantee at that time the enterprise’s trademark has not been submitted for protection registration by another party.

Submitting a trademark registration application right from the time the trademark is formed will bring many benefits for the enterprises, such as:

The time to receive the protection certificate is quite long, however, the priority right to consider the owner status will be from the time of application submission;
Create a protection mechanism for the trademark, avoid the case that other parties use the same, similar, or confusing trademark with the enterprise’s trademark, which affects the image and prestige of the enterprise;
Increase the value of the enterprise when conducting capital and share purchase and sale transactions because the trademark is an intangible asset of the enterprise;
Participating in e-commerce platforms in Vietnam or international e-commerce platforms because enterprises must prove that they have the legal ownership or use of the trademark attached to the goods for sale.
Avoid damage when a business competitor has registered for your trademark in advance and this case you are forced to stop using the trademark because the party having registered for protection in advance has the right to request competent authorities such as customs, market surveillance, and courts to sanction you.

Procedures of Trademark Registration in Vietnam

Process	Detailled description
Step 1	Submit Trademark registration dossier at the National Office of Intellectual Property The application can be submitted online or by post or in person at the National Office of Intellectual Property’s application receiving points.
Step 2	Appraisal of trademark application form The form appraisal time is about 02 months from the time of application submission. After there is a decision to approve the form, the application will be published on the website of the National Office of Intellectual Property.
Step 3	Appraisal of the content of trademark registration application Normally, the content appraisal time is 09-12 months. However in fact this time will be longer.
Step 4	Receiving notice of protection certificate issuance At the end of the content appraisal, the National Office of Intellectual Property will make a notice of intent to issue the certificate, the content of the notice will provide information about the fee or a notice of refusal to issue a trademark protection certificate.
Step 5	Pay fees In case there is a notice of protection certificate insurance, the enterprise shall pay the fee in full and on time to receive the protection certificate; or have a written response to the National Office of Intellectual Property’s notice of refusal to issue a protection certificate if the enterprise is refused.

LIST OF DOCUMENTS

The trademark registration declaration is presented in accordance with the instructions of the National Office of Intellectual Property;
The trademark sample must be the same in both color and size as the trademark image stuck on the registration declaration.
List of products and services for which the client wants to register a trademark;
Make power of attorney for CDLAF;
Some other documents depending on each specific case such as Regulations of the use of collective trademarks or certification trademarks; Demonstration of the characteristic (or unique) nature and quality of products bearing the trademark; Map of the geographical area; Documents confirming permission to use special signs; Documents confirming the receipt of registration rights from others, etc.

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COMMITMENT TO SERVICES

On time

All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you maintain the enterprise’s compliance with the deadlines with competent authorities and employees.

Exactly

We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.

Security

We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.

SERVICE PERFORMANCE PROCESS

Assign

CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.

Collect information and prepare the service contents

Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.

Control the quality

The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.

Clients’ approval

Clients review and approve the service content prepared by CDLAF. When requested, meetings are held to explain the prepared content.

Completion

Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.

After-service support

Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.

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Contact Us

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FAQ QUESTIONS: Trademark registration

What are the general conditions for trademark protection?

Trademark shall be protected when it satisfies the following conditions:

It is visible sign in the form of letters, words, drawings, images including holograms, or a combination of thereof, represented in one or more colors;
It is capable of distinguishing goods or services of the trademark owner from those of other subjects.

Who is entitled to register for trademark protection?

The right to register for trademark protection is determined as follows:

Organizations and individuals have the right to register trademarks for the goods or services that they produce or provide
Organizations and individuals conducting legal commercial activities have the right to register trademarks for products that they put on the market but are produced by others if the manufacturer does not use that trademark for the product and does not object to that registration.
Collective organizations which are legally established have the right to register collective trademarks for its members to use in accordance with the regulations on use of collective trademarks; For signs indicating the geographical origin of goods or services, the organization having the right to register is collective organization of organizations and individuals producing and doing business in that locality; For place names and other signs indicating the geographical origin of local Vietnamese specialties, registration must be permitted by a competent state agency.
Organizations with the function of controlling and certifying quality, characteristics, origin or other criterias related to goods and services have the right to register certification trademarks if they do not produce or trade those goods and services; For place names and other signs indicating the geographical origin of local Vietnamese specialties, registration must be permitted by a competent state agency.

Which content is not protected by the trademark?

The following signs are not protected as trademark:

Signs which are identical with or confusingly similar to national flags or emblems;
Signs which are identical with or confusingly similar to emblems, flags, badges, abbreviated names or full names of Vietnamese State agencies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations or socio-professional organizations and international organizations if that agencies or organizations do not permit.
Signs which are identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous people of Vietnam or foreign countries;
Signs which are identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that the signs cannot be used, unless that organizations registered that seals as certification trademarks;
Signs which cause misunderstanding or confusion or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.

How long is the validity of a trademark protection certificate?

Trademark protection certificate takes effect from the date of issuance to the end of 10 years from the date of dossier submission. It can be renewed many consecutive times, each time is 10 years.

In which cases trademark protection certificate will be amended?

The owner of a protection certificate has the right to request the state management agency in charge of industrial property rights to amend the following information on the protection certificate if fees and charges are paid:

Change or correct errors related to the name and address of the author or protection certificate owner;
Amend the description of specific characteristics, qualities, and geographical areas bearing geographical indications; amend regulations on the use of collective marks or certification marks.