Instructions for registering foreign trademarks in Vietnam

Article overview

Registering foreign trademarks in Vietnam is an important legal process for international businesses wishing to protect their brands in the Vietnamese market. Foreign investors need to master the strict and detailed regulations on trademark registration to ensure intellectual property rights. The following article will provide customers with in-depth information about the foreign trademark registration process in Vietnam.

Registering foreign trademarks in Vietnam
Registering foreign trademarks in Vietnam

What is a trademark?

According to the provisions of Clause 16, Article 4 of the Law on Intellectual Property 2005, regulations on the concept of trademark are as follows:

“A trademark is a sign used to distinguish goods and services of different organizations and individuals”.

Some specific types of trademarks are regulated as follows:

  • Collective mark: a mark used to distinguish the goods and services of members of the organization that is the owner of that mark from the goods and services of organizations and individuals that are not members of the organization there.
  • Certification trademark: a trademark that the trademark owner allows another organization or individual to use on the goods or services of that organization or individual to certify the characteristics of origin, raw materials, materials, method of production of goods, method of service provision, quality, accuracy, safety or other characteristics of the goods or services bearing the trademark.
  • Famous trademark: a trademark widely known to the relevant public in the territory of Vietnam.
Brand
Brand

Application for registering foreign trademarks in Vietnam

According to the provisions of Section 5 of Circular 23/2023/TT-BKHCN to register foreign trademark protection in Vietnam, organizations and individuals need to prepare 01 set of documents corresponding to the trademark registered for protection as follows: after:

  • Trademark registration declaration according to Form No. 08 in Appendix I of Decree No. 65/2023/ND-CP;
  • Trademark samples (05 samples measuring 80 x 80 mm) and list of goods and services bearing the trademark;
  • Document confirming permission to use special signs (symbols, flags, badges, seals…);
  • Power of attorney (if applying through a representative);
  • Document proving the right to registration if the applicant benefits from another person’s right to registration;
  • Documents proving priority rights, if claiming priority rights;
  • Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account).
Application for registering foreign trademarks
Application for registering foreign trademarks

Procedures for registering foreign trademarks in Vietnam

According to the provisions of Decision 3038/QD-BKHCN, procedures for registering foreign trademarks in Vietnam are carried out as follows:

Step 1: Submit application.

Submit documents to the National Office of Intellectual Property through one of the following forms:

  • Online through the Administrative Procedures Processing System of the Ministry of Science and Technology;
  • Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or the Department’s Representative Office in City. Ho Chi Minh and Da Nang.

Step 2: Appraisal of application form.

Trademark registration applications are formally assessed by the National Office of Intellectual Property within 01 month from the date of receipt of the application.

In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application.

Step 3: Announce the application.

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Appraise the content of the application.

Evaluate the possibility of protection of the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.

Step 5: Make a decision to grant/refuse to grant a protection title.

Step 6: Announce and register the decision to grant a protection certificate.

The decision to grant a Certificate of Trademark Registration shall be published by the Department of Intellectual Property in the Industrial Property Gazette within 60 days from the date of issuance of the decision and shall be recorded in the National Register of Industrial Property as prescribed.

Registering foreign trademarks service in Vietnam at Long Phan

At Long Phan, we provide comprehensive support services in carrying out foreign trademark registration in Vietnam. Our services include:

  • Consulting in detail on regulations on foreign trademark registration;
  • Supports accurate determination of conditions and procedures for trademark registration;
  • Consulting and support in preparing all necessary documents and records for registration;
  • Support in drafting trademark applications and related documents;
  • Support for filing applications and carrying out procedures at the Intellectual Property Office;
  • Consulting on handling issues arising during the trademark registration process.

Carrying out accurate trademark registration procedures and complying with legal regulations is extremely important, helping businesses ensure intellectual property protection and avoid risks. We provide professional solutions, helping the trademark registration process go smoothly and effectively. Please contact the hotline 0906735386 for detailed advice and best support from the Long Phan team of experts.