Trademarks: Vietnam

General Information

International Agreements : Paris Convention & Madrid Agreement Concerning the International Registration of Marks

Classification : Nice Classification of (8th edition); Multi-Class Filing

What is Registrable : A trademark is defined as a sign used to distinguish the goods or services of one producer/service provider from those of another. The trademark may be presented in the form of letters, pictures or a combination thereof in one or several colors. To be registrable, a trademark must be distinctive and must not fall within the signs excluded from registrability.

Priority under Paris Convention : Yes

Examination :

  1. Formality examination (3 months as from the filing date);
  2. Substantive examination (9 months as from the completion date of formality examination)

Publication : Yes - Trademarks which are duly accepted as to form after the formality examination shall be published in the Official Industrial Property’s Gazette.

Opposition : Yes - within 9 months period of substantive examination.

Time Frame for Registration : 12-16 Months
Registration Term : 10 Years from filing date
Renewal Term : 10 Years
Grace Period for Renewals : 6 Months counting from the expiry date, subject to a fine of 10 percent of the renewal fee for each month overdue.

Use Requirement for filing : None

Cancellation : 5 consecutive non-use of a trademark can lead to the likelihood of being suspended its validity by a request from third party. Request for cancellation of a trademark can be filed within 5 year as from the registration date of a trademark except the case where a trademark is filed and registered in bad faith. If the request for cancellation of a trademark is filed on ground of bad faith, no time limit is applied for such request.

Marking Requirements : None

Assignments - Must Assignments be recorded ? Yes
Can pending applications be Assigned ? Yes

Licenses - Must Licenses be recorded ? Yes
Can pending application be Licensed ? No

 

Filing Requirements

Trademark/Service Mark Requirements

  1. Full name, address and nationality of the Applicant.
  2. Description of the Trademark: Meaning, colours claimed, English translation or transliteration into Roman letters if necessary.
  3. List of goods/services to be covered by the Trademark and class (es) of the respective goods/services according to the International Classification (if known).
  4. Twenty (20) specimens of the Trademark, with a size not larger than 80mm x 80mm and not smaller than 15mm x 15mm (a fax copy is acceptable at the filing date, provided that the original specimens are submitted within 3 months from the filing date).
  5. A certified copy of priority document for claiming priority right under the Paris Convention (if any) (priority data are acceptable at filing, provided that the certified copy is submitted within 3 months from the filing date).
  6. Power of Attorney simply signed.

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney simply signed.
  2. Original Certificate of Trademark Registration for the renewed trademark.

Assignment Recordal Requirements

  1. Power of Attorney simply signed either from the Assignor or the Assignee.
  2. A notarized Trademark Assignment Agreement.
  3. Original Certificate of Trademark Registration for the assigned trademarks.

License Recordal Requirements

  1. Power of Attorney simply signed either from the Licensor or the Licensee.
  2. Two (2) notarized Trademark License Agreement.
  3. Photocopies of Certificate of Trademark Registration of licensed trademarks (if any).

Change of Name/Address Requirements

  1. Power of Attorney simply signed.
  2. A notarized Declaration of Change of Name/Address or certified document 
    evidencing the change of name/address.
  3. Original Certificate of Trademark Registration for involved trademarks.

 

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