A trademark is a unique symbol, word, or combination of both that distinguishes a business’s goods or services from those of others. In Vietnam, trademark registration is essential for protecting brand identity and preventing unauthorized use. This guide provides an overview of trademarks and outlines the steps required for trademark registration in Vietnam, ensuring businesses secure their intellectual property rights effectively.
1. Definition
Trademark means any sign used to distinguish goods or services of different organizations or individuals.
Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors.
2. Requirements for Trademark Registration in Vietnam
| Requirement | Details |
|---|---|
| Distinctiveness Requirements (Article 72 Law on Intellectual Property) | – A trademark must be a visible sign or a sound represented graphically. – It must distinguish its owner’s goods or services from those of others. |
| Not Eligible for Protection (Article 73 Law on Intellectual Property) | – Signs identical or similar to national symbols, agencies, political organizations, or renowned figures. – Misleading or deceptive signs about origin, quality, or characteristics of goods/services. – Inherent shapes or copied works without permission. |
| Documentation Requirements (Article 100.1 Law on Intellectual Property) | – Declaration for registration (Form No. 04-NH, Appendix A, Circular 16/2016/TT-BKHCN). – Documents, samples, and information identifying the industrial property subject matter for protection (Articles 105 of Law on Intellectual Property). – Power of attorney (if filed through a representative). – Documents proving registration rights (if acquired from another person). – Documents proving priority rights (if applicable). |
3. Vietnam Trademark Registration Process
| Step | Description | Time Estimate |
|---|---|---|
| Step 1: Conduct a Preliminary Trademark Search in Vietnam | Before filing your trademark application, conduct a preliminary search to ensure that your desired trademark is not already registered. | 2-4 weeks |
| Step 2: File the Trademark Application in Vietnam | Submit your application to the Intellectual Property Office of Vietnam (IPVN). The application must include necessary documents (see below). | 1-2 weeks |
| Step 3: Examination by VIPO | The Vietnam Intellectual Property Office (VIPO) will conduct a formal examination (to check compliance with filing requirements) and a substantive examination (to assess registrability). | 9-12 months |
| Step 4: Publication and Opposition | If the trademark passes the examination, it will be published in the Official Gazette of Vietnam, allowing time for third-party opposition. | 2-3 months |
| Step 5: Registration and Issuance of Certificate of Trademark in Vietnam | If no opposition is filed and the trademark meets protection requirements, the VIPO will issue a registration certificate. The trademark is valid for 10 years from the filing date and can be renewed indefinitely. | 1-2 months |
| Total Time Estimate | Assuming no oppositions or refusals. | 16-18 months |
Registering a trademark in Vietnam is a crucial step in safeguarding your brand identity and ensuring exclusive rights to your goods or services. By following the legal requirements and registration process outlined in Vietnam’s Intellectual Property Law, businesses can prevent unauthorized use and strengthen their market position. Given the complexities of trademark registration, conducting a thorough preliminary search and complying with documentation requirements can significantly enhance the chances of approval. Once registered, a trademark provides long-term protection and can be renewed indefinitely, making it a valuable asset for any business operating in Vietnam.
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