Trademark Registration Procedure for Companies

Trademark registration is an administrative procedure carried out at the Intellectual Property Office. Registering a trademark is the first step in protecting the branding rights of a business. Trademark registration not only demonstrates professionalism and credibility but also serves as a measure to prevent infringement and protect intellectual property assets. Understanding this, Long Phan will provide customers with information regarding trademark registration for their companies. 

Trademark Registration

Role of Trademark Registration

Trademark registration plays a crucial role in safeguarding the intellectual property rights of a business or individual regarding the products or services they provide. Below are some important roles of trademark registration:

• Helps owners identify and protect their trademark rights.
• Attracts investors, partners, and new customers.
• Prevents unauthorized use of the trademark by others.
• Helps distinguish a business’s products or services from competitors.
• Creates significant brand value for the business, attracting attention from customers
• Limits costs associated with dispute resolution activities related to identifying trademark owners.

Requirements for Trademark Protection

According to the Intellectual Property Law 2005, amended and supplemented in 2022, trademarks will be protected if they meet general conditions specified in Article 72, such as:

• The trademark must be a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof. Regarding colors, it can be represented in one or more colours or sound marks represented graphically.
• The protected trademark must be capable of distinguishing goods or services of the mark owner from those of other subjects.

Trademark Registration Procedures

Applications for registration of trademark

When registering a trademark, a application for registration of trademark documents shall comprise::

• 02 trademark registration declaration forms, typed according to form number: 04-NH Appendix A of Circular 01/2007/TT-BKHCN
• 05 trademark samples attached
• Receipt for payment of fees and charges.

If the trademark registration application is for a collective mark or a certification mark, in addition to the minimum documents mentioned above, the application must include the following documents:

• Regulations on use of collective marks or certification marks
• A statement about the characteristic quality (or specificity) of the product bearing the mark
• Map of the geographical area (if the registered trademark is a geographical indication mark of the product’s geographical origin, or contains a place name or a sign indicating the geographical origin of the local specialty product).
• Documents from the People’s Committee of the province, centrally-run city permitting the use of place names or other signs indicating the geographical origin of the local specialty product for trademark registration (if the registered trademark is a collective mark, certification mark containing a place name or other signs indicating the geographical origin of the local specialty product).

Trademark Registration Process

Trademark Registration Process

The trademark registration process includes the following steps:

• Step 1: Searching trademark

Search is the process of checking the trademark to be registered. The search process will determine if there are any trademarks that are identical or similar to the trademark to be registered. 

• Step 2: Prepare Documentation, Draft Application
• Step 3: Submit Application and Registration Fee

There are 02 methods for submitting trademark registration applications:

Direct submission or through postal services to the Intellectual Property Office

Online submission via the National Public Service Portal

• Step 4: Form Examination of Trademark Registration Application

The examination process will verify the compliance with the form requirements for the application. Then a decision will be made to accept a valid application or reject it.

• Step 5: Announcement of Application

After successful form examination, the registration application will be announced in the Industrial Property Gazette.

• Step 6: Content Examination of Trademark Registration Application

The examination agency will assess the trademark’s eligibility for protection according to the protection conditions, thereby determining the corresponding protection scope.

• Step 7: Notice of Intention to Grant/Reject Certificate

After completing the examination process, the Intellectual Property Office will decide to grant or reject the protection certificate.

• Step 8: Payment of Certificate Issuance Fee

In case of approval through examination and by the Intellectual Property Office, the applicant must pay the certificate issuance fee.

• Step 9: Granting of Protection Certificate

After completing the fee payment procedure, the Intellectual Property Office will decide to grant the protection certificate, recording it in the National Trademark Register.

• Step 10: Announcement of Protection Certificate

After being granted the protection certificate by the Intellectual Property Office, the protection certificate will be announced in the Industrial Property Gazette.

Trademark Registration Expenses in Vietnam

According to Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance, industrial property fees include:

• Fees for filing applications: 150.000VNĐ
• Fees for issuance: 120.000VNĐ
• Charges for search serving content appraisal: 180.000VNĐ/01 products, services groups
• Charges for search the seventh products/services onwards: 30.000VNĐ/01 product, services
• Charge for assessment to content: 550.000VNĐ/01 products, services groups
• Charge for assessment to content for the seventh products/services onwards: 120.000VNĐ/01 products, services.

Trademark Registration Expenses 

Trademark Registration Service in Long Phan 

At Long Phan, we provide trademark registration support services such as:

• Trademark registration consultation
• Consultation on trademark registration conditions
• Consultation on procedures, methods, and fees for trademark registration
• Consultation on the feasibility of the trademark to be registered
• Consultation on risks and disputes that may arise regarding the trademark
• Preparation of documents, drafting trademark registration applications
• Representation of clients in submitting applications to the Intellectual Property Office
• Modification, supplementation of documents upon request
• Acting on behalf of clients to pay fees such as application fees, content examination fees, registration fees, etc.
• Representing clients in dealing with specialized agencies.….

By providing trademark registration processes, applications, and procedures along with a team of experienced experts in the field of intellectual property, we are a reliable support unit capable of solving customers’ intellectual property issues. If you need assistance or consultation regarding trademark registration or other intellectual property matters, please contact us via Hotline: 0906.735.386.