Process to register Trademark for imported and exported product in Vietnam

In order to prevent counterfeit goods and goods from infringing upon the IP in a proactive and effective way, one of the necessary and beneficial requirements is that enterprises and entrepreneurs must register for IP protection in which are specified by the registration of protection and certification of industrial property rights under Article 58 to Article 107 of intellectual property law (with the protection of inventions, industrial designs, layout designs, trademarks, trade names , geographical indications, business secrets).

Experience in the registration of IP protection, industrial property right in the domestic market or even in the foreign market has great benefits to protect manufacturing enterprises as well as the authors of inventions. , innovating in the industrial sector, ensuring healthy competition in the commodity economy under the market mechanism.

Process of registering trademark in Vietnam follows:

SUBJECTProcess to register Trademark for imported and exported product in Vietnam
Requirement Article 87 of Law on Intellectual Property amended and supplemented by Law No. 36/2009/QH12:

“2. Organizations and individuals that conduct lawful commercial activities may register marks for products they are marketing but produced by others, provided that the producers neither use such marks for their products nor object to such registration.”

If the company meet the above conditions, they have the right to make trademark for the product.

1. Condition for Protection of trademark
According to article 72 of law No. 50/2005/QH11:

Article 72. General conditions for marks to be eligible for protection

A mark shall be eligible for protection when it satisfies the following conditions:

1. It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours.

2. It is capable of distinguishing goods or services of the mark owner from those of other subjects.

if the company meet the conditions for trademark registration for the  products, the procedure for registering the trademark is carried out in the following regulation in Law on Intellectual Property ,Decree no.103/2006/NĐ-CP, Circular no. 01/2007/TT-BKHCN, Circular no.  13/2010/TT-BKHCN,Circular no. 18/2011/TT-BKHCN,Circular no. 05/2013/TT-BKHCN,Circular no.  16/2016/TT-BKHCN,Circular no.  263/2016/TT-BTC.
DossierAccording to Law on Intellectual Property and Point 7 of  01/2007/TT-BKHCN amended by  Circular no.  13/2010/TT-BKHCN,Circular no. 18/2011/TT-BKHCN,Circular no. 05/2013/TT-BKHCN,Circular no.  16/2016/TT-BKHCN.
+ Application  (02 copies) (Appendix A of Circular 01/2007 / TT-BKHCN);
 + Trademark samples (05 samples of size 80 x 80 mm) and list of goods and services bearing the mark;
 + For applications for registration of collective marks, certification marks must include:
– regulations on the use of collective marks / certification marks;
– a description of the nature, quality (or specificity) of the product bearing the mark (if the mark is registered as a collective mark for a particular product or as a certification mark the quality of the product or geographical certification mark);
– a geographical area map (if the registered mark is a mark certifying the geographical origin of the product, or a collective mark or certification mark containing a geographical indication or other indication of its geographical origin. special location);
– documents of the People’s Committee of the province or city directly under the Central Government to permit the registration of the mark (if the registered mark is a collective mark or certification mark containing a geographical indication or other indications of origin management of local specialties);
+ Power of attorney (if the application is submitted through a representative);
+ Documents proving the right to register if the applicant enjoys the right to register from another person;
+ Documents proving the priority right, if requesting priority right;
+ Copies of vouchers of payment of charges and fees (in case of payment of fees and charges via the postal service or directly deposited into the National Office of Intellectual Property’s account).
Procedure of  Filing and receipt of applicationsPoint 12  of 01/2007/TT-BKHCN and amended by 16/2016/TT-BKHCN.

12.1 The application may be filed at the NOIP or other receiving points established by the NOIP. The application may be filed by post to the abovementioned receiving points. The NOIP shall not return the filed documents (except for the originals filed for comparison).

12.2 Upon receipt of an application, the NOIP shall check the applications documents and compare them with those listed in the declaration before deciding whether or not to receive the application:

a) If the application contains all the minimum documents specified at Point 7.1 of this Circular, the application-receiving officer shall accept the application, affix a seal to certify the filing date and the serial number of the application in the declaration form;

b) If the application lacks any of the minimum documents specified at Point 7.1 of this Circular, the application-receiving officer shall reject the application or send a notice of the NOIPs rejection of the application to the applicant (if the application is sent by post). For the rejected application, the NOIP is not required to return the applications documents to the applicant, but shall refund the paid fee and charge amounts according to the fee and charge refund procedures specified at Point 8 of this Circular;

c) In case of acceptance of the application, the NOIP shall hand over (send) to the applicant one declaration form bearing the seal of certification of the filing date, the serial number of the application and the result of the checking of the list of application documents, and the full name and signature of the application-receiving officer. This handed over (sent) declaration form is valid as an application receipt.
Implemetation method – Submitted directly at the office of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.

– Submited by post 
Time line – Appraisal of  form:  01 month from the submisson date;

– Announcement of application: within 02 months from the date of valid application;

– Examination of the contents of the application: not more than 09 months from the date of publication of the application.
OrganizationNational office of Intellectual Property of Vietnam

Address: 386 Nguyen Trai Street – Thanh Xuan District – Hanoi
Phone: 024.38583069 – 024.38585157Fax: 024.38588449 – 024.38584002
 Email: cucshtt@noip.gov.vn Website: http://www.noip.gov.vn

In Ho Chi Minh City

Address: Tran Giang Khue, deputy head of representative office
Phone: (028) 3920 8483 – 3920 8485 Fax: (028) 3920 8486
Claims Department: (028) 3920 8483
Consultation Support: (028) 3920 8485
E-mail: vanphong2 @ .noip.gov.vn

IN Da Nang city
ADD : Floor 3, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City
 Deputy Head of Office: Ngo Phuong Tra
Tel: 0236.3889955
Fax: 0236.3889977

FEEs

Description Fee
Charge for assessment of application for priority right (applicable to each application)VND 600,000 / application / each request
Charge for application publicationVND 120,000
Charge for assessment of industrial property applicationsVND 550,000 (for each group of 6 products / services) (from product / service 7 onwards in each group: 120,000 VND / product / service)
Charge for search of information to serve the assessmentVND 180,000 (for each group of 6 products / services, from product / service 7 onwards: VND 30,000 / product / service)
Charge for international classification of of products/services for marksVND 100,000 (for each group of 6 products / services, from product / service 7 onwards: VND 20,000 / product / service)
Fee for declaration of decision on protection certificatesVND 120,000
Fee for issuance of protection certificatesVND 120,000
Fee for issuance of protection certificatesVND 120,000 (for the first group of products / services, from the second product / service group: 100,000 VND / group)
Fees for filing applicationVND 150,000 (for each application)

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