Trademark protectionplays an important role in protecting the brand value of a business, enhancing reputation and avoiding infringement from competitors. To be granted trademark protection rights in Vietnam, certain conditions must be met, thereby increasing opportunities for sustainable development for businesses in the market. Through the following article, let’s join Long Phan to learn about the conditions that need to be met to receive trademark protection in Vietnam!
Conditions for trademarks to be protected in Vietnam
Pursuant to Article 72 of the Law on Intellectual Property 2005, amended and supplemented in 2022, the general conditions for protected trademarks are:
A visible sign in the form of letters, words, drawings, images, holograms or a combination of these elements, represented by one or more colors or audio signs expressed in the form of graphic form.
Be able to distinguish the trademark owner’s goods and services from those of other entities.
Procedures for registering trademark protection in Vietnam
File
Pursuant to Clause 1, Clause 3 and Clause 4, Article 24 of Circular 23/2023/TT-BKHCN, the components of the application for trademark protection registration in Vietnam include:
In case the trademark registration application is for a collective mark or certification mark, in addition to the minimum documents mentioned above, the application must also contain the following documents:
Regulations on the use of collective marks or certification marks;
Explanation of the nature, characteristic quality (or specificity) of the product bearing the trademark (if the registered trademark is a collective trademark used for a product with specific characteristics or a trademark certifying the quality of the product or a trademark certifying the geographical origin of a local specialty);
Map of geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or the trademark contains place names or signs indicating the geographical origin of local specialties);
Document of the People’s Committee of a province or centrally-run city permitting the use of place names or other signs indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a collective trademark or certification trademark containing place names or other signs indicating the geographical origin of local specialties).
Other documents (if any)
Power of attorney (if applying for registration through industrial property representation service organizations);
Document confirming permission to use special signs (if the trademark sought to be protected contains symbols, flags, badges of domestic and international agencies and organizations, etc);
Document proving the right to registration, if the applicant enjoys that right of another person;
Documents proving priority rights (if the application claims priority rights).
Implementation steps
Pursuant to Circular 23/2023/TT-BKHCN, the steps to register for trademark protection in Vietnam include:
Step 1: Submit application
Submit a trademark registration application through one of the following forms:
Submit online via the Administrative Procedures Information 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 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.
Step 2: Appraisal of application form
The National Office of Intellectual Property checks the compliance with formal regulations on applications, thereby drawing conclusions about whether the application is considered valid or not.
In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;
In case the application is invalid, the National Office of Intellectual Property shall issue a notice of intention to refuse to accept a valid application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline 2 months for the applicant to comment or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.
Step 3: Announcement of application
After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.
Step 4: Appraisal of application content
Evaluate the possibility of protection of the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection. Time within 9 months from the date the application is published.
Step 5: Make a decision to grant/refuse to grant a protection title
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.
Consulting services and support for trademark protection in Vietnam
To ensure your trademark is legally protected in Vietnam, understanding the conditions that need to be met is extremely important, helping businesses avoid risks and protect brand rights effectively. Trademark protection consulting and support services at Long Phan provide comprehensive solutions, helping businesses protect their brands in the most effective way in Vietnam. We provide the following services:
Consulting on trademark registration: consulting on conditions, documents, and procedures for registering trademark protection
Trademark search: Preliminary search service to determine the possibility of trademark registration, helping customers avoid risks of duplication or infringement of rights.
Trademark registration application representative: Carry out necessary procedures, from preparing documents to filing applications at the Intellectual Property Office, saving time and effort for businesses.
Trademark dispute resolution: In case of trademark disputes, provide representation services to protect customers’ legal rights.
Branding strategy consulting: supporting businesses in developing effective brand strategies, from shaping images to protecting long-term brand value.
Long Phan is proud to be a reliable partner in protecting your brand with a team of experienced and dedicated experts. Please contact us via hotline 0906735386for advice and start the journey to protect your brand today.
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Luật sư Trần Tiến Lực
Lawyer Luc Tien Tran – a dedicated and deeply knowledgeable professional in the fields of construction consulting, real estate consulting, and intellectual property consulting. His expertise, experience, and profound understanding of related issues make him a reliable partner. Mr. Luc's professionalism and dedication will provide optimal solutions and help clients achieve their desired business outcomes.
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