TRADEMARK REGISTRATION IN VIETNAM
A trademark is defined as a sign used to differentiate products or services of various organizations or individuals, as given under Article 4.16, Vietnam IP Law. The following five categories are classified as trademarks as per the Laws of Vietnam:
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Trademark including service mark means any sign used to differentiate between goods and/or services of members and non-members of an organization or an individual (Article 4.16, Vietnam IP Law).
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A collective mark means a mark used to differentiate between goods and/or services of members and non-members of an organization which is the possessing ownership rights of such mark (Article 4.17, Vietnam IP Law)
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A certification mark means a mark which, for the purposes of certifying sources, raw materials, and materials, is approved by its owner to be used by another company or person on their goods or services.
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Associated mark means identical or similar marks registered by the same entity and intended for use of goods or services of the same kind or similar styles or associated relationships (Article 4.19, Vietnam IP Law)
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A well-known mark means a mark widely known by consumers throughout the Vietnamese territory (Article 4.20 Vietnam IP Law).
To be protected in Vietnam, trademarks must meet the following standards:
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Be visible signs depicted in one or more colors, in the form of letters, sentences, draws, or images like holograms, and
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To be capable of differentiating between goods or services of the mark owner from those of other subjects as provided under Article 72 of The Vietnam IP Law. A mark is unique if it is made up of one or more elements that are easily identifiable and unforgettable, or of many elements which form a combination that can be noticed and remembered. The laws and procedures in Vietnam permit the registration of three-dimensional signs as trademarks (shapes).
Therefore, the unconventional sound and scent of trademarks are still not recognized. They are not noticeable.
The right to trademarks shall be defined on the basis of the Decisions provided in compliance with Article 6.3(a) of IP Law 2005 by the IP Office of Vietnam concerning the registration or protection of trademarks in Vietnam. The trademark system in Vietnam operates first-to-file, unregistered trademark rights only in restricted cases is broken down.
Invention Patents
Maximum protection of 20 years.
Utility Patents
Maximum protection of 10 years.
Industrial Designs
Protection for 5 years, renewable for two additional 5-year periods.
Patent rights enforcement can be pursued through administrative and civil actions, as outlined in Articles 198 and 199 of the IP Law (2005, amended in 2009 and 2019). The patentee or organizations funding inventors can register inventions. Independent inventors can also register their inventions for personal profit.
The National Office of Intellectual Property of Vietnam (NOIP) handles patent applications and grants. Patentable inventions must apply natural laws to solve technological problems, as defined in Section 59, with exceptions including:
Scientific discoveries, theories, and mathematical methods
Methods for mental acts, training animals, playing games, and business
Computer programs and information presentations
Solutions of purely aesthetic nature
Plant varieties, animal breeds, and biological processes (excluding microbiological)
Human and animal disease prevention, diagnostic, and treatment methods
Governed by Articles 86 and 89, an application can be made by any of the following people:
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Authors who have created inventions with their own efforts and expenses
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Organizations or individuals who have supplied funs and material facilities to authors in the form of job assignment or hire unless otherwise agreed by the involved parties.
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Foreign nationals residing permanently
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Foreign organizations having a production or trading establishment
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Non-resident foreign nationals or organizations not having a production or trading establishment shall apply through a lawful representative.