Trademarks in Vietnam

Trademark Examination

The application shall be examined within 1 month from the filing date (Article 119).

Formal Examination:

Governed by Article 109:

To verify the formal validity of the application, an examination process shall be conducted.

Invalidity:

In the following circumstances:

• The applicant does not fulfill the requirements of formality;

• The subject matter of the application is not eligible for protection;

• The applicant does not have the right to registration;

• The application was filed in contrary to the mode of filing;

• The applicant fails to pay the fees and charges.

The application for registration may be accepted with or without amendments.

Until the notice of refusal by the State administrative authority, the applicant shall have the following rights.

• To make amendment or supplement to the application;
• To divide the application;
• To request for recording changes in name or address of the applicant;
• To request for recording changes in the applicant as a result of assignment under the contract, as a result of inheritance, bequest, or under a decision of an authority.
• Any amendment or supplement to an industrial property registration application must not expand the scope of the subject matter disclosed or specified in the application and must not change the substance of the subject matter claimed for registration in the application and shall ensure the unity of the application.
• Fee for amending applications, including for request of supplement, separation, assignment, change (per each amendment/ application): 120 thousand VND.

Refusal:

Governed by Article 117, Refusal to register an application may be on the following grounds:

• The subject matter claimed in the application does not fulfill the protection requirements;
• The application satisfies all the conditions for the issue of a protection title but is not the application with the earliest filing date or priority date as in the case referred to in Article 90.1 of this Law.
• The application falls within the cases referred to in Article 90.1 of this Law but a consensus of all the applicants is not reached.
• The State administrative authority shall serve a notice of an intended refusal to grant a Protection Title, in which the reasons are clearly stated with a set time limit for the applicant to oppose to such intended refusal.
• The State administrative authority shall serve a notice of the refusal to grant a Protection Title if the applicant has no objection or has unjustifiable objection to such intended refusal.

Governed by Article 110:

• An industrial property registration application which has been accepted as being valid by the State administrative authority shall be published in the Industrial Property Official Gazette.
• Fee for publication of application, including application for amendment, supplement, separation, assignment (each application): 120 VND.
• The application for registration shall be examined as to its substance within 6 months from the date of its publication.
• Charge for substantive examination of application (for each group of six products/services) – without information searching charge: 300 thousand VND.

Governed by Article 93:

• It is valid throughout the territory of Vietnam.
• The registration of marks shall be valid up to 10 years from the date of filing. Their validity commences on the date of grant of protection.
• It can be renewed indefinitely for consecutive terms of 10 years.

Governed by Article 123:

• To use or permit others to use the industrial property object in accordance with Article 124 and Chapter X of the law (Transfer of rights: Assignment and Licensing);
• Affixing the protected mark to goods, packages of goods, means of business or supplying services and communicating papers in business activities;
• Circulating, or offering, advertising, storing for sale of, goods bearing the protected mark;
• Importing goods or services bearing the protected mark;
• The use of a trade name means the conduct of any acts for commercial purposes by using it to name oneself in business activities, expressing it in transaction documents, shop-signs, products, goods, and packages of goods and means of service and advertisements;
• To prohibit others from using the industrial property object in accordance with Article 125 (Right to prohibit others from using industrial property objects);
• To dispose of the industrial property object in accordance with Chapter X of this Law (Transfer of rights: Assignment and Licensing);
• Fee for granting a Certificate for trademark registration: 120 thousand VND.