Registering a trademark in Vietnam involves conducting a comprehensive trademark search, preparing and submitting the application, examination and publication, addressing any oppositions, and maintaining the registration through renewals. Each step has its associated costs and waiting times. For further research and information, the NOIP website serves as a comprehensive resource. By following this process diligently, businesses and individuals can secure their brand identity and protect their intellectual property rights in Vietnam.
The Process of Registering a Trademark in Vietnam:
- Trademark Search: Conduct a comprehensive trademark search to ensure that your desired trademark is unique and does not infringe upon any existing trademarks. The NOIP's online trademark database (http://iplib.noip.gov.vn/WebUI/WPS/wps/myportal/ipt_search) can be utilized for this purpose.
- Preparing the Application: Gather the necessary documents and information for your application. This includes a clear representation of the trademark, a list of goods and services for which the trademark will be used, and the applicant's personal information or business registration details.
- Submission of the Application: Submit your trademark application to the NOIP in paper format or through an authorized representative. A filing fee of VND 1,000,000 for one class of goods or services must be paid upon submission. An additional fee of VND 500,000 is required for each subsequent class.
- Examination of the Application: The NOIP will examine your application for compliance with the requirements and ensure that the trademark is distinctive and not conflicting with existing trademarks. This process can take approximately 9-12 months.
- Publication of the Trademark: If your application is approved, the NOIP will publish your trademark in the Official Gazette for opposition purposes. This allows interested parties to file oppositions within 60 days of the publication date if they believe your trademark infringes upon their rights.
- Responding to Oppositions (if applicable): In case any oppositions are filed, you will need to respond and defend your trademark. The fees for these proceedings will vary depending on the complexity of the case.
- Issuance of the Certificate of Registration: If no oppositions are filed or if you successfully resolve any oppositions, the NOIP will issue a Certificate of Registration. The registration fee is VND 1,000,000, and the certificate is valid for ten years from the date of filing.
- Maintaining the Trademark: To keep your trademark registration valid, you must renew it every ten years. The renewal fee is VND 1,000,000 for one class of goods or services.