Trademark registration time: How long does it take to complete?

The trademark registration period is one of the important factors that businesses need to pay attention to to protect their brands and intellectual property rights. Understanding the process and processing time helps businesses be proactive in their business plans, avoid legal disputes, and increase brand value. Understanding the registration stages will help shorten waiting times and ensure your trademark is legally protected quickly.

What methods can be used to submit a trademark registration application?

Applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in City. Ho Chi Minh and Da Nang. There are specific addresses as follows:

The National Office of Intellectual Property has its headquarters located in Hanoi

• Address: 386, Nguyen Trai Street, Thanh Xuan District, Hanoi City
• Permanent phone: (024) 3858 4011; (024) 3858 3069;
• Fax: (04) 3858 8449; (04) 3858 4002.
• Email: vietnamipo@noip.gov.vn.

Representative office of the Department of Intellectual Property in Da Nang City

• Address: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City
• Deputy Head of Office, in charge of Representative Office: Ngo Phuong Tra
• Phone: 0236.3889955 Fax: 0236.3889977
• Email: vanphong3@noip.gov.vn
• Fees and charges account: 3511.0.1093215.00000 AT DA NANG State Treasury

Ho Chi Minh City Intellectual Property Department

• Address: 7th Floor, Ha Phan Building, No. 17 – 19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city
• Contact address: REPRESENTATIVE OFFICE OF INTELLECTUAL PROPERTY DEPARTMENT IN HO CHI MINH CITY
• Tran Giang Khue, Deputy Head in charge of Representative Office
• Phone: (028) 3920 8483 – 3920 8485 Fax: (028) 3920 8486
• Application Receiving Department: (028) 3920 8483
• Consulting and Support Department: (028) 3920 8485
• E-mail: vanphong2@.noip.gov.vn

How long does it take to register a trademark?

According to Article 119 of the Law on Intellectual Property 2005, amended and supplemented in 2009, the trademark registration period must go through many stages and is prescribed as follows:

1. Formal appraisal time: 1 month from the date of application.
2. Announcement of valid application: 02 months from the date the application is accepted as valid after formality appraisal.
3. Time for content appraisal: No more than 9 months from the date of publication of the application.

Thus, the total time for trademark registration from the time of filing the application until the protection certificate is granted according to the provisions of law is 12 months.

However, in reality, the trademark registration time can last up to 18 – 24 months due to objective reasons such as:

• The number of trademark registration applications at the National Office of Intellectual Property is increasing, and the examination of applications will take longer and longer.
• Trademark registration applications are often required to be amended or supplemented due to formal errors in documents and records.

Priority of trademark application

Pursuant to Article 91 of the Law on Intellectual Property 2005, the priority principle is specified as follows:

1. An applicant for registration of an invention, industrial design, or trademark has the right to claim priority on the basis of the first application to register protection of the same subject matter if the following conditions are met:

• The first application has been filed in Vietnam or in a country that is a member of an international treaty with provisions on priority rights to which the Socialist Republic of Vietnam is also a member or has an agreement to apply such provisions with Vietnam.
• The applicant is a Vietnamese citizen or citizen of another country specified in Point a of this Clause residing or having a production or business establishment in Vietnam or in another country that is a member of an international treaty.
• The application clearly states the request for priority rights and submits a copy of the first application with confirmation from the agency that received the first application.
• The application is submitted within the time limit set in the international treaty to which the Socialist Republic of Vietnam is a member.

2. In an application for registration of an invention, industrial design or trademark, the applicant has the right to claim priority on the basis of many different applications filed earlier, provided that the corresponding content between the earlier applications and the content in the application must be indicated.
3. An industrial property registration application that enjoys priority rights has the priority date being the filing date of the first application.

Refer to this regulation in Article 12 of Decree 65/2023/ND-CP to better understand the priority principle.

Full package trademark registration service at Long Phan

Trademark registration service at Long Phan helps businesses and individuals complete procedures quickly, protect legal brands and avoid disputes. Our full service includes:

1. Consulting Before Registering a Trademark:

• Check and evaluate the possibility of trademark registration.
• Consulting on choosing appropriate product and service groups according to the international classification table (Nice).
• Instructions on brand design to ensure compliance with legal regulations.

2. Trademark Search & Protectability Assessment:

• Preliminary trademark search to determine availability.
• In-depth search at the Intellectual Property Office to assess risks of duplication or similarity.
• Propose an adjustment plan if the trademark is at risk of being denied protection.

3. Drafting & Submitting Trademark Registration Documents:

• Prepare complete trademark registration documents according to regulations.
• Customer representative submits documents at the Vietnam Intellectual Property Office.
• Monitor application processing and update registration status.

4. Processing Documents & Responding to Additional Requests:

• Support to respond to official dispatches from the Intellectual Property Office.
• Adjust documents as required to increase the rate of being granted a protection title.
• Support for complaints if trademark registration is refused.

5. Receive Certificate of Protection & Post-Licensing Support:

• Receive the Trademark Registration Certificate and hand it over to the customer.
• Consulting on how to use and protect the trademark after being licensed.
• Support for renewing, transferring or handling trademark disputes, if any.

The time to register a trademark can take a long time, but if you prepare complete documents and follow the correct process, your business will soon receive legal protection. Registering a trademark helps protect intellectual property rights, create a competitive advantage and avoid disputes. Long Phan provides comprehensive trademark registration services, with support from research to certification. Contact the hotline 0906735386 immediately for detailed advice!