Doing Business

What You Should Know About Trademark Registration in Vietnam?

Linh Pham

March 31, 2020

Customer’s purchase decisions are impacted by the reputation of a brand and a trademark is one way of reflecting the brand. Therefore, trademark registration is significant to enterprises. This article will provide you background knowledge about trademark registration in Vietnam.

What is a trademark?

According to World Intellectual Property Organization, a trademark is a sign that helps to distinguish goods or services of one business from other businesses. Any enterprise that register trademark is protected by intellectual property rights. 

Why trademark registration is important?

Five reasons are pointed out to prove that trademark registration is vital. Based on these five reasons, you will certainly think about your trademark for your services or products.
5 reasons trademarks are important

1. Trademarks are an effective tool of communication

Trademark can convey messages about your company’s mission and your company’s reputation. You do need words to describe, but just a logo, your customers can recognize or feel your spirit in any products. 

2. Trademarks help you capture customers’ attention

It’s obvious. The market is crowded with thousands of products and a trademark will make it easier for customers to find you because a trademark makes your brand and is a critical factor influencing users’ purchase decisions. Trademarks distinguish your items from the other. Besides, using a trademark on social media will become more effective for marketing campaigns, which can lead to higher traffic on your website.

3. Trademarks are a valuable asset

Trademarks bring valuable assets over time and provide value to your core business. The more reputation you have, the easier you can expand your business, from one industry to another. 

4. Trademarks can be beneficial for the hiring process

Trademarks convey a good reputation for your brand, then people can have positive feelings towards your products or services. When your brand has a strong position in the market, it is highly likely that you have higher chances to hire talents for your brands. 

5. Trademarks never expire

Trademarks do not expire after a period of time. Trademarks will persist as long as the owners continue to use the trademark.  

How to register a trademark in Vietnam

This part is adapted from the website of LHD law firm.
The procedure of registering a trademark can take 9 – 10 months including three stages: examination as to formality and publication of the application, examination as to substance, and issuance of a registration certificate. 

trademark registration timeline

Requirements for filing a trademark application in Vietnam

There are six required documents that you should prepare in advance to register a trademark for your brand:

  • Full name and address of the applicant
  • Phonetic transcription and identification of the language used should be shown if there are any elements with the wording.
  • A detailed specification of goods and/or services and its corresponding international class (required at the time of filling).
  • A power of attorney signed by the applicant.
  • The size of the mark does not exceed 80×80 mm and less than 15×15 mm.
  • A certified true copy of the basic application 

The period to register a trademark in Vietnam

Process 1 (the term to judge the form): within 1 month since the date of form submission from clients.
National Office of Intellectual Property will determine whether the application form has complied with the format, trademark sample, the owner of the application form, class, etc.

If your application form is satisfied with the requirements, then the National Office of Intellectual Property makes an official announcement of accepting the valid application and permitting to notify the form. On the other hand, if your application form has some points that are not suitable, the office will suggest the applicants have amendments. 

Process 2 (the term to notify the registration form): around 2 months since the date authorities released the notification of valid dossier.
The content of the application for registration a trademark consisting of pieces of information related to valid dossiers, trademark samples, and lists of goods/ services.

Process 3 (evaluation of the content): within 9 months from the date of the notification form
National Office of Intellectual Property takes the trademark registration into account and evaluates the ability to issue protection title for the trademark that the company registers. In case all requirements are met, the authority will make an announcement about the protection title for products that the company registers.

Process 4 (the term of protection): Trademark will be protected in 10 years since the submission date of the application form. The company can extend the term for protection title and will be unlimited in the times of extension. Hence, the trademark becomes an asset for business throughout the operation.

The estimated costs for the trademark registration in Vietnam

Actually, the cost for registering a trademark in Vietnam depends on the number of goods/ services in the application. Here are official regulations:
– $37.00 for the first class not exceeding 6 items of goods/ services
– $30.00 per each additional class not exceeding 6 items of goods/ services
– $6.40 per each item additional item of goods/ services

What’s about image trademark, letter trademark, slogan?

An image can be registered independently as a trademark or be combined with letters or slogan. The owner can decide the format of letter trademark with the two following ways:

  • The first registration: The letter trademark is created by standard simple and white-black capital letters or numbers. The owner of the standard trademark has rights to use the letter trademark widely in whatever font or color. 
  • The second registration includes stylized letters, words, numbers, animation or colors. Under this registration, a trademark is protected in its core content such as pronunciation, structures of letters, and meaning.

You can find more interesting articles related to doing business in Vietnam at Vietonkin’s blog such as acquisition and merger in Vietnam. In conclusion, registering a trademark brings a lot of benefits to one business. Your reputation is protected and your products or services will be stood out in the market. We hope that the article will provide you with key knowledge about the process of trademark registration in Vietnam. If you need help, Viettonkin is always by your side. 

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