Trademark Registration in Vietnam

Updated on Friday 03rd September 2021

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Foreign and local investors opening companies in Vietnam are strongly recommended to protect the intellectual property rights they have over the name of their trade names. The same is recommended to any individual who has created any work which should be protected from the wrongful or abusive use of others. The rights over intellectual property can be protected by registering copyrights, trademarks, industrial designs or models with the National Office of Intellectual Property of Vietnam (NOIP).

The most employed and valuable intellectual property rights are those held over trademarks, as these can designate names, logos and brands which can make the difference between companies or other entities. Our Vietnam company formation consultants can explain how to register a trademark with NOIP.
 

Who can apply for trademark registration in Vietnam?


In Vietnam, trademark registration is available for everybody who has marks or signs that respect the national and even international legislation in this sense. Therefore, both individuals and companies are allowed to register trademarks in this country, no matter if they are Vietnamese nationals or foreigners.

All they need to do is to file the paperwork related to the mark they want to have recognized by the Intellectual Property Office and wait to obtain the registration certificate.

One can obtain registration for various types of trademarks, as long as these respect the classification of goods or services. For this purpose, it is worth noting that Vietnam respects the NICE classification system which is available at the international level.

Trademark registration in Vietnam respects the main international agreements in this sense which is what makes it an appealing country to use a mark in.

Our company formation agents in Vietnam are at your service if you want to obtain protection for your company’s name on the territory of this country and thus enhance the value of your brand.
 

Legislation on trademark registration in Vietnam


Vietnam’s intellectual property legislation is rather recent, as it dates back to 2005. Here are the main laws to respect when it comes to registering a trademark in Vietnam:
 
  • Law No. 50 from 2005 on Intellectual Property which was amended in 2009;
  • Decree No. 103 from 2006 which provides for the number of articles that can be registered as trademarks in Vietnam;
  • Decree No. 99/2013 on the violation of intellectual property rights.

There are also other laws that provide for the registration of Vietnamese trademarks, the latest one dating back in 2016 and covers the Law on Pharmacy which now contains details on the registration of marks of products in this category.

It is safe to say that Vietnam has one of the most modern intellectual property legislations among Asian countries. If you want to register a trademark here, our agents can help you.
 

The classification of trademarks in Vietnam


As mentioned above, trademark registration in Vietnam relies on the NICE classification, and before filing the file with the NOIP, one should know that this system is made of 45 classes – 34 of them designate goods, while the other 11 are intended for the classification of services.

This is an important aspect to consider as the trademark registration fee in Vietnam is calculated based on the class of goods or services pointed in the application form. It is also worth noting that one can choose to register the desired mark for several classes in order to ensure better protection. The fees will be calculated in accordance with the number of classes selected.

Our specialists can offer more information on the NICE classification and help you choose the right class or classes for your mark.

If you want to open a company in Vietnam, we are at your service.
 

Trademark registration requirements in Vietnam


In order to register a trademark in Vietnam an individual or company must first make sure their mark is unique and that is clearly distinguishes the goods or services from the ones of other parties. Trademarks in Vietnam can be made of the following elements:
 
  • letters;
  • numbers;
  • signs;
  • colors;
  • words.

Any combination of these is also permitted by the National Office of Intellectual Property.

There are several types of trademarks that can be registered in Vietnam based on how they are classified. The Intellectual Property Law in Vietnam acknowledges single-class and multi-class trademarks.
 

 The procedure of registering a trademark in Vietnam


Both local and foreign companies and individuals are allowed to register trademarks in Vietnam following the process explained below:
 
  • filing the trademark registration documents;
  • the examination of the trademark by NOIP;
  • the publication of the trademark in the Official Gazette;
  • the substantive examination.

With respect to the documents related to trademark registration with the NOIP, these are:
 
  • the name of the applicant;
  • a clear description of the trademark;
  • information on the goods or services to be represented by the trademark;
  • 5 prints of the trademark;
  • a power of attorney, if the owner of the trademark will designate a third party to carry out the registration process.
 


Examination of a trademark before registration in Vietnam


The Vietnamese Intellectual Property Office completes a two-phase examination procedure before issuing the trademark registration certificate.

The first one is the formal examination during which the officers verify if the application file is complete, the trademark respects all the legal requirements and the owner has filed all the documents for registration and if the due diligence checks out, the Office will issue a Notice of Acceptance that will take the procedure to the second evaluation phase.

The substantive examination consists in the publication of the trademark with the Official Gazette where it will remain for oppositions and objections to be filed in case third parties consider their rights have not been respected. The substantive examination phase is the longest and after its completion, NOIP will issue the registration certificate.

Because of the lengthy procedure, if you are interested in trademark registration in Vietnam, we advise you use professional services in order to obtain the certificate of registration in due time.
 

Trademark registration timeline in Vietnam


Here are the main aspects to consider about trademark registration in Vietnam and the timeframe associated with the procedure:
 
  1. the formal examination of the application file is completed in one month;
  2. during month 3 to 9 the trademark will be published for the substantive examination;
  3. after all formalities have been concluded, the NOIP will issue the certificate of registration within 10 days;
  4. the entire registration procedure can take between 12 and 15 months;
  5. the validity of a Vietnamese trademark is 10 years and can be renewed.

For full information on how to register a trademark in Vietnam, please contact us. We can also assist with the company registration process in Vietnam.