How to register trademark in Vietnam?

Trademarks are signs used to distinguish goods and services of different organizations and individuals.

TRADEMARK REGISTRATION PROCEDURES


1. Documentation


– 02 Declaration of trademark registration, typed according to form No. 04-NH, Appendix A of Circular 01/2007 / TT-BKHCN the constituent elements of the trademark and its overall significance, if any; If the mark contains words or language in a pictorial language, that word or language must be transcribed; If a trademark contains foreign language words and phrases, it must be translated into Vietnamese. If the trademark contains numerals other than Arabic or Roman numerals, Arabic numerals must be translated; The List of goods / services in the declaration must be grouped in accordance with the international classification of goods and services (under the 11th Nice Agreement)]

– 05 accompanying trademark samples (attached mark sample must be identical to the mark sample affixed to the registration form, in both size and color) The mark sample must be clearly presented with the dimensions of each city. the part of the mark must not be larger than 80mm and not less than 8mm, and the overall mark must be presented in a mark of 80mm x 80mm.For color protection, all mark samples on the sheet declarations and attachments must be presented in the correct colors to be protected);

– Receipt of payment of fees and charges.

Where the mark registration application is a collective mark or certification mark, in addition to the minimum documents mentioned above, the application must include the following documents:

Regulation on using collective mark or certification mark;

– A description of the characteristic (or specific) nature and quality of the branded product (if the mark is registered as a collective mark for a specific product or certification mark the quality of the product or is the trademark that certifies the geographical origin of the local specialty);

– A map of the geographical area (if the registered mark is a mark certifying the geographical origin of the product, or a mark containing a place name or a sign indicating the geographical origin of a local specialty).

– A document of the People’s Committee of a province or centrally run city permitting the use of a place name or other sign indicating the geographical origin of a local specialty for trademark registration (if the registered mark is a trademark collective, certification marks containing place names or other signs indicating the geographical origin of local specialties).

2. Other documents (if any)

– Power of attorney (if the registration application is filed through industrial property representation service organizations);

Documents certifying that special signs are allowed to be used (if the trademark sought for protection contains symbols, flags, badges of domestic and international agencies, organizations …);

– Documents certifying registration rights;

– Document confirming the enjoyment of the right to register from another person;

– Documents proving the priority (if the application has a request for priority).

3. General requirements for the application
 
– Only one protection title is required for each application and the type of protection title requested must be consistent with the mark stated in the application;
 
– All documents of the application must be made in Vietnamese. For documents made in other languages ​​under Points 7.3 and 7.4 of Circular 01/2007 / TT-BKHCN, they must be translated into Vietnamese;
 
– All documents must be presented vertically (only drawings, diagrams and tables can be presented horizontally) on one side of A4 size paper (210mm x 297mm), with four margins side, each margin is 20mm wide, according to Times New Roman font, the text is not less than size 13, except for supporting documents whose origin is not intended to be included in the application.
 
– For documents that need to be formatted, it is imperative to use those forms and fill in all required information in the appropriate places;
 
– For each type of document, if including many pages, each page must have its page number in Arabic numerals;
 
– Documents must be typed or printed with indelible ink, clearly, clean, not erased, not corrected; In case of detecting insignificant errors related to spelling errors in documents submitted to the NOIP, the applicant can correct such errors, but the corrected spot must be signed to certify (and stamped, if any) of the applicant;
 
– Terms used in the application must be uniform and be common (not using dialects, rare words, or self-created words). Symbols, units of measurement, electronic fonts, spelling rules used in applications must comply with Vietnamese standards);
 
– The application may be accompanied by supporting documents which are the electronic data carrier of part or the whole of the contents of the application document.

4. Trademark registration fees and charges

– Application fee: 150,000 VND

– Application publication fee: 120,000VND

– Fees for searching and serving corporate income: 180,000 VND / 01 group of products and services

– Search fee for products, services from 7 onwards: 30,000 VND / 01 product or service

– Content appraisal fee: 550,000 VND / 01 group of products and services

– Content evaluation fee for products / services from 7 onwards: VND 120,000 / 01 product or service.

5. Time limit for processing mark registration applications

From the date of receipt by the NOIP, a mark registration application shall be considered in the following order:

– Appraisal form: 01 month

– Application publication: within 2 months from the date the mark registration application has a decision to accept a valid application

– Examination of content: no more than 9 months from the date of publication of the application.

6. Method of submission
 
Applicants can choose between a paper application form or an online application through the NOIP’s online public service portal, specifically:
 
a) Paper application method
 
An applicant can apply for trademark registration directly or by post to one of the NOIP’s application receiving points, specifically:
 
– Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.
 
– The National Office of Intellectual Property Office in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
 
– Representative office of Intellectual Property Department in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
 
In case the application for trademark registration is submitted by post, the applicant needs to transfer money by post, then make a photocopy of the remittance receipt enclosed with the application file to one of the application receipt points. above by the Intellectual Property Department to prove the paid amount.
 
(Note: When transferring fees and charges to one of the above mentioned NOIP’s receiving points, the applicant needs to send the application by post to the corresponding point of receiving the application).
 
b) Online application form
 
Conditions for online application: Applicants need to have digital certificates and digital signatures, register an account on the Online Application Reception System and have an account approved by the NOIP to perform the transactions. IPR registration translation.
 
– Online application order: Applicants need to declare and submit a trademark application on the NOIP’s online application receipt system, after completing the declaration and submitting the above application. Online application receiving system, the system will send back to the online application confirmation slip. Within 01 month from the date of submission of the online application, the applicant must go to one of the NOIP’s application-receiving points on working days during business hours to present the Certificate of direct submission. route and accompanying documents (if any) and pay the prescribed fee / charge. If the documents and fees / charges are sufficient as prescribed, the receiving officer will issue the application number to the Declaration on the Online Application Reception System, if there are insufficient documents and fees / charges as prescribed. the application will be refused admission. In the event that the Applicant fails to complete the required application procedure, the online document will be destroyed and the Online Document Cancellation Notice is sent to the Applicant on the Online Application Reception System.

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