Ways of registering a trademark for a business

Registering a trademark is an important step to protect a business’s intellectual property. This procedure helps establish legal ownership of the trademark, allowing the owner the exclusive right to use it throughout the territory of Vietnam. The registration process includes steps from searching and preparing documents to submitting the application and receiving the certificate. The article below will provide detailed instructions on the trademark registration process for businesses.

What is corporate trademark registration?

Registering a trademark is an administrative procedure carried out at the National Office of Intellectual Property to establish legal ownership of a business’s trademark. According to the provisions of the Law on Intellectual Property, a trademark is defined as a sign used to distinguish goods and services of different organizations and individuals.

Registering a trademark brings many benefits to businesses. After being granted a registration certificate, the owner will have the exclusive right to use the brand throughout the territory of Vietnam. This helps protect intellectual property, preventing copying, counterfeiting or unauthorized use of a business’s brand.

In addition, owning a protected brand also helps enhance reputation, create competitive advantage and increase value for businesses in the market. This is the basis for businesses to effectively develop and exploit their brands through activities such as franchising and transferring trademark use rights.

Trademark registration procedures for businesses

Documents need to be prepared

To register a trademark, businesses need to prepare a set of documents including the following documents:

• Trademark registration declaration. The declaration needs to be filled out with complete information, in which the trademark description must clarify the constituent elements and overall meaning of the trademark.
• 05 brand samples sized 80mm x 80mm. The trademark sample must be identical to the sample affixed to the declaration, clearly presented with the size of each component from 8-80mm.
• Proof of payment of fees and charges according to regulations.
• Power of attorney (if applying through an industrial property representative).
• Document confirming registration rights (if receiving rights from another person).
• Documents proving priority rights (if priority is requested).

For collective marks or certification marks, the dossier needs to supplement:

• Regulations on use of trademarks.
• A statement explaining the characteristics and quality of the branded product.
• Map of geographical area (for marks certifying geographical origin).
• Document permitting the use of place names from the People’s Committee of the province/city (if any).

Implementation process

The trademark registration process is carried out through the following steps:

Step 1: Look up the trademark:

Before submitting the application, businesses should conduct a search to check whether the trademark intended to be registered is identical or similar to already protected trademarks. This helps save time and costs if the trademark does not meet the protection conditions.

Businesses can do a free preliminary search on the website of the National Office of Intellectual Property or request a paid search for more accurate results using the link: http://wipopublish.ipvietnam.gov.vn.

Step 2: Prepare and submit application

After fully preparing the required documents, businesses can submit them directly at the headquarters of the National Office of Intellectual Property or representative offices, or submit them by post. Address is as follows:

• Head office of the Copyright Department: No. 33, Lane 294/2 Kim Ma, Ba Dinh, Hanoi City;
• Representative office of the Copyright Department in Ho Chi Minh City: No. 170 Nguyen Dinh Chieu, District 3;
• Representative office of the Copyright Department in Da Nang: No. 58 Phan Chu Trinh, Hai Chau District.

Step 3: Appraise the form

The National Office of Intellectual Property will conduct a formal examination of the application within 1 month. If the application is valid, this agency will issue a Decision accepting the valid application.

Step 4: Announce the application

Within 2 months from the date of issuance of the Decision accepting a valid application, the trademark registration application will be published in the Industrial Property Official Gazette.

Step 5: Content appraisal

The National Office of Intellectual Property conducts a substantive appraisal of the application within 9 months from the date of publication. If the protection conditions are met, this agency will issue a Notice of intention to grant a protection title.

Step 6: Grant of protection certificate

After the enterprise pays the licensing fee, the National Office of Intellectual Property will issue a Trademark Registration Certificate to the enterprise.

Validity of protection certificate

The trademark registration certificate is valid throughout the territory of Vietnam for a period of 10 years from the date of application, and can be renewed many times in a row, each time for 10 years.

Note when registering a trademark for your business

When registering a trademark, businesses need to keep in mind the following points:

• Ensure the trademark meets the protection conditions prescribed by law, such as being distinguishable, not identical or confusingly similar to a protected trademark.
• Prepare complete and accurate documents as required to avoid rejection or extended processing time.
• Pay all fees and charges as prescribed. Fees may vary depending on the number of product/service groups registered.
• Monitor application processing progress and promptly respond to requests for amendments and supplements (if any) from the Intellectual Property Office.
• Consider using an industrial property representative service if you do not clearly understand the registration process and procedures.

Consulting services for trademark registration for businesses

To ensure the trademark registration process goes smoothly and effectively, businesses can use Long Phan’s professional consulting services. Service scope includes:

• Consulting on brand building and protection strategies.
• Look up and evaluate the protection ability of the brand.
• Draft and submit registration documents.
• Monitor application processing progress.
• Respond to notices from the Intellectual Property Office.
• Consulting on issues that arise during the registration process and after being granted a protection certificate.

Using consulting services helps businesses save time, effort and increase the likelihood of success in registering for trademark protection.

Registering a trademark is an important step to help businesses protect intellectual property and develop a sustainable brand. For detailed advice on the registration process, please contact Long Phan via hotline 0906735386. Our team of experts will assist you in successfully registering trademark protection. effectively and quickly.