Procedure for trademark registration
Legal basis:
+ Intellectual property law 2005
+ Decree No. 103/2006/ND-CP
+ Circular No: 01/2007/TT-BKHCN
+ Circular No: 13/2010/TT-BKHCN
+ Circular No: 18/2011/TT-BKHCN
+ Circular No: 05/2013/TT-BKHCN
+ Circular No: 16/2016/TT-BKHCN
+ Circular No: 263/2016/TT-BTC
1.Dossier
Declaration of trademark registration (2 copies): according to form 04-NH prescribed in Appendix A TT 01/2007 / TT-BKHCN;
09 same brand patterns: They shall be clearly presented with the size of each component in the brand no larger than 80mm and not less than 8mm, the overall mark shall be presented in the trademark template sized 80mm x 80mm printed on the declaration;
Business registration certificate (copy), contract or other document certifying the applicant's production and service provision activities in case the National Office of Intellectual Property suspects the authenticity of the information stated in the application;
Receipt of payment of charges and fees.
2. The procedures for trademark registration
Step 1: Look up and assess the ability of registration of the trademark
Enterprises can look up (chargeable) in the data of the National Office of Intellectual Property to know whether the trademark that the enterprise intends to register is identical or confusing and on the basis of such advice, enterprise can assess the ability of the trademark to register.
Step 2: Submit an application for trademark registration
Enterprise after choosing its trademarks will declare and (or through an intellectual property representative) submit a trademark application. Enterprise applies at Vietnam National Office of Intellectual Property;
The first official notification: Results of formal examination:
Time limit for formality examination: 1-2 months from the filing date.
The National Office of Intellectual Property shall consider whether applications are eligible in form, label, filing right, grouping …
If the application of the enterprise meets the conditions, the National Office of Intellectual Property shall notify the acceptance of a valid application and publish the application.
If the application of the enterprise does not meet the conditions, the National Office of Intellectual Property shall issue a notice of disapproval of the application and request the enterprise to amend. Enterprise makes amendments as required and submits revised documents to the National Office of Intellectual Property.
Announcing a trademark application
Time limit for publication of applications: 02 months from the date of the Notice of acceptance of valid applications.
Contents of publication of trademark registration applications are information related to valid applications stated in notices on acceptance of valid applications, trademark samples and lists of accompanied goods and services.
The second official notification: Results of substantive examination
Time limit for substantive examination: 10-12 months from the date of publication of the application.
The National Office of Intellectual Property considers conditions for trademark registration from which to assess the ability to grant certificate for trademarks registered by enterprises.
If the application for trademark registration meets the conditions, the National Office of Industrial Property shall issue a Notice of Intention to grant a certificate to the trademark registered by the enterprise.
If the application for trademark registration does not meet the conditions, the National Office of Industrial Property shall issue a Notice not granting a certificate to the trademark registered by the enterprise. Enterprise reviews and submits written replies to appeal the notification of the Property Department. Besides, enterprise provides grounds for granting a certificate of trademark protection for the enterprise’s trademark.
The third official notification: Granting a trademark
Time limit for granting certificate: 02-03 months from the date of payment of certificate granting fee.
After having a decision to issue a certificate, the enterprise pays the fee for obtaining it and takes the certificate of trademark protection.
Term of trademark protection: Trademark is protected within 10 years from the filing date (priority date). Enterprise may extend their protection titles and the number of extensions is not limited. Therefore, the brand will be the property during the operation and business process of the enterprise.
