The registering an international trademark of Vietnamese origin

Registering an international trademark of Vietnamese origin opens up opportunities for brand protection on a global scale. This process helps Vietnamese businesses expand their markets, enhance brand value, and increase international competitiveness. Below, Long Phan will provide the necessary information and guide you in detail on the steps to register an international trademark of Vietnamese origin. Please refer to the following article.

Conditions for registering an international trademark application

Pursuant to Decision 2060/QD-BKHCN, to register an international trademark of Vietnamese origin, an individual or organization needs to meet the following three main conditions:

• First: The international trademark registration application designates the country that wants to register for protection as a member of the Madrid Protocol.
• Second: The person who has filed a trademark registration application in Vietnam and the person who has been granted a Trademark Registration Certificate in Vietnam has the right to internationally register the corresponding trademark according to the Madrid system.
• Third: Individual/organization is a citizen or resident or has a business establishment in a member country of the Agreement or Protocol.

Fulfillment of these conditions ensures the legality of the application. It also creates a basis for expanding the scope of trademark protection beyond the territory of Vietnam. Customers should note that fully meeting these conditions is an important first step in the international trademark registration process.

An International trademark registration fee

According to Circular 263/2016/TT-BTC, the fee for carrying out international trademark registration procedures is currently 2,000,000 VND. This fee does not include fees payable to the International Office. Understanding fee information helps businesses make accurate financial plans for the registration process.

Procedure for registering international trademarks of Vietnamese origin

Prepared documents

Pursuant to Decision 2060/QD-BKHCN. An international trademark registration application needs to include the following documents:

• Declaration for international registration of a trademark of Vietnamese origin according to Form No. 01 in Appendix II of Decree 65/2023/ND-CP;
• 02 MM2 declaration forms according to the International Office’s form in English or French;
• 02 trademark samples identical to the trademark in the registration application filed in Vietnam (basic application) or trademark registration certificate (basic registration);
• 02 MM18 declaration forms in English (if the application specifies the United States);
• Authorization document in Vietnamese (in case the request is submitted through a representative);
• Proof of payment of fees for carrying out international registration procedures for trademarks of Vietnamese origin.
• Other relevant documents (if necessary).
• Number of documents: 01 (set).

Documents need to be prepared carefully, completely and accurately. Customers should carefully check each document before submitting to avoid having to make additions or modifications later. Preparing documents properly will help the processing process take place faster and more effectively.

Implementation steps

According to Decision 2060/QD-BKHCN. The international trademark registration process includes the following two main steps:

Step 1: Receive application

• Organizations and individuals submit 01 set of Madrid Application documents originating from Vietnam to the National Office of Intellectual Property.
• Application form: Submit directly or via postal service to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in the city. Ho Chi Minh and Da Nang.

Step 2: Process documents

The National Office of Intellectual Property will check and process the application within 2 months.

• In case the application has errors, the National Office of Intellectual Property shall notify the applicant to correct the errors. In case the applicant does not correct the errors within 3 months from the date the National Office of Intellectual Property issues the notice, the application will be considered withdrawn;
• In case the application has no errors or has errors but the applicant has corrected the errors satisfactorily, the National Office of Intellectual Property will issue a notice of fees and charges that the applicant needs to pay directly to the National Office. International, sign and confirm the application and transfer the application to the International Office within 15 days from the date of notification of fees and charges;
• In case the application is invalid: The applicant does not correct the errors within the deadline, the application will be considered withdrawn.

Complying with the prescribed procedures and deadlines will help your application be processed quickly and effectively. Customers need to pay attention to notifications from the Intellectual Property Office to promptly supplement documents or pay fees when required.

Consulting and support for registering international trademarks of Vietnamese origin

Long Phan provides professional international trademark registration services, ensuring a smooth and effective registration process. With professionalism and dedication, Long Phan’s team will support customers throughout the process, from preparing documents to monitoring the registration process.

Services Long Phan provides to customers include:

• Consulting on international trademark protection strategies
• Consulting on conditions for registering international trademarks of Vietnamese origin
• Prepare and submit registration documents
• Instructions on the order and procedures for registering international trademarks of Vietnamese origin
• Authorized representative carries out procedures for registering international trademarks of Vietnamese origin
• Monitor and handle issues that arise during the registration process
• Service to renew and maintain international registration validity
• Consulting on dispute resolution related to international trademarks.

Registering an international trademark helps bring Vietnamese brands far on the world map. Long Phan believes that with our companionship, we will support you on the path to successful and effective international brand protection. Please contact Long Phan immediately via hotline 0906735386 to receive detailed advice and accompany experts on the journey to affirm brand position in the global market, opening up unlimited development opportunities for businesses.