How long does the trademark registration procedure take?

The trademark registration procedures play an important role in protecting a business’s intellectual property rights. This process ensures brand exclusivity, preventing infringement and unauthorized copying. This helps businesses build and protect reputation, creating a solid legal foundation to resolve disputes. Let’s join Long Phan to find out the time to complete the process, which will be detailed in the article below.

Benefits of owning a trademark for businesses

Owning a trademark helps businesses build reputation and trust with customers through brand identity. Being granted a protection certificate helps businesses prevent trademark infringements from other individuals and organizations. This helps maintain a competitive position in the market and protect the brand value that has been built over time.

Besides, creating a solid legal basis for businesses in commercial exploitation and business expansion. Businesses can use the registered trademark to license, franchise or transfer, creating an additional revenue stream. In case of a dispute, the trademark registration certificate will be important legal evidence to protect the interests of the business before a court or competent authority.

Trademark registration procedures

The process of registering trademark protection in Vietnam includes many steps, from preparing documents to appraisal and issuance of certificates. Each stage in the process requires strict compliance with legal regulations on intellectual property. Businesses need to understand each step to ensure the registration process goes smoothly and effectively.

Prepare and submit registration documents

The first step in the trademark registration process is to prepare and submit the application for registration. Enterprises need to collect all necessary documents according to regulations including:

• 02 trademark registration declaration forms according to the prescribed form

>>>Download now: Trademark registration declaration form;

• 05 brand samples sized 80 x 80 mm;
• 01 copy of fee payment voucher;
• 01 Power of attorney (if applying through a representative);
• 01 Document proving the right to registration if the applicant benefits from another person’s right to registration;
• 01 Document proving priority rights, if requesting priority rights.

During the dossier preparation process, trademark search is an important step to ensure the trademark is not duplicated or similar to previously registered trademarks. Businesses can perform the lookup themselves or use a professional lookup service to increase accuracy. After completing the dossier, the enterprise submits an application for registration to the Intellectual Property Department

Appraisal of formality and publication of trademark registration application

After receiving the dossier, the National Office of Intellectual Property will conduct a formal appraisal of the trademark registration application. This stage is to check the completeness and validity of the documents in the file.

If the application meets the formality requirements, the National Office of Intellectual Property will issue an application number and filing date. If errors are detected, the NOIP will send a notice to the application owner requesting amendments and supplements within 02 months.

Next, the trademark application will be published in the Industrial Property Official Gazette. This publication is intended to inform the public and relevant parties about the trademark registration. During the publication period, any organization or individual has the right to submit objections to the granting of a protection certificate for the mark under consideration.

The time to evaluate the form of the application is 01 months from the date of application submission. The time to announce a valid application is within 02 months from the date of accepting the valid application.

Appraisal of application content

After publication, the trademark application will go through a substantive examination process. This stage evaluates the distinctiveness, novelty and protectability of the trademark. The National Office of Intellectual Property will check whether the trademark meets the protection conditions prescribed by law.

During the content appraisal process, if any issues are detected that do not meet the requirements, the National Office of Intellectual Property will send a notice to the applicant. Enterprises have the opportunity to amend, supplement or explain to overcome the shortcomings pointed out. The time for content appraisal is 09 months according to legal regulations.

Decision to grant a certificate of protection

If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection certificate. If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate and record it in the Register. National registration of trademarks and publication in the Industrial Property Official Gazette.

Based on the content of the Law on Intellectual Property 2005, amended and supplemented 2009, 2019, 2022, Decree No. 65/2023/ND-CP;

Some notes during the trademark registration procedures

Modify and supplement the registration application

During the appraisal process, if the National Office of Intellectual Property detects any shortcomings or problems in the registration dossier, they will send a notice requesting amendments and supplements. Enterprises need to quickly respond and implement modification requests within the prescribed time limit. Amendments and additions may relate to trademark samples, lists of goods and services, or other documents in the file.

When making modifications, businesses need to ensure that they do not change the nature of the trademark or expand the scope of protection compared to the published content. If necessary, businesses can consult with intellectual property experts or use professional legal consulting services.

Handling third party objections

During the publication stage of a trademark application, objections may arise from third parties. Objections are often related to whether the registered trademark is identical or similar to a previously protected trademark, or violates another party’s intellectual property rights. Businesses need to prepare carefully to respond to these objections.

When receiving notice of objections, businesses have the right to submit written responses, explanations and provide evidence to protect their rights. Handling objections effectively may require the involvement of an intellectual property attorney to ensure strong legal arguments.

Extend the deadline to respond to the Intellectual Property Department’s notice

During the trademark registration process, the National Office of Intellectual Property often sets specific deadlines for businesses to respond to notices or requests. However, in some cases, businesses may need more time to prepare a complete and accurate response.

These factors can affect the total processing time of a trademark application.

Fast trademark registration service

To optimize the trademark registration process, many businesses choose to use quick registration services from professional intellectual property consulting companies. These services provide comprehensive support throughout the application process, from preparing documents to tracking and handling arising issues. Long Phan is one of the reputable trademark registration service providers in Vietnam.

Long Phan provides comprehensive trademark registration services, including:

• Consulting on protection strategies;
• Evaluate the possibility of trademark registration, analyze the novelty and distinctiveness of the trademark;
• Prepare and submit documents;
• Monitor the appraisal process and document processing progress;
• Support in processing requests to amend and supplement documents from the National Office of Intellectual Property and resolve objections from third parties, if any;
• Consulting on issues related to the extension of protection and enforcement of rights to trademarks that have been granted a certificate.

Providing services to track and monitor trademark usage. This includes handling intellectual property rights violations and taking legal action if necessary.

Long Phan is proud to have a team of experienced experts and deep understanding of Vietnam Intellectual Property Law. We are committed to helping businesses optimize the trademark registration process, ensuring efficiency and legal compliance.

Registering a trademark requires a thorough process to protect a business’s intellectual property rights. Registering a trademark provides exclusive rights and brand protection, helping businesses protect intellectual property. Long Phan provides quick registration services, from search to appraisal and handling of objections. Customers contact Long Phan via Hotline 0906.735.386 to ensure legal rights and comprehensive brand protection.