Required documents of trademark applications

The mark application shall consist of the following documents:

A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);

Documents, samples, information identifying the mark as provided for in Articles 105 of the IP Law 2005 of Viet Nam (e.g. the mark samples and list of goods and services bearing the mark, and regulations on use of collective or certification marks where the mark is sought for protection is collective mark or certification mark;

Trademark Examination Procedure

Filing the application

The application for a mark registration must be filed directly or by mail, to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Organizations, individuals of Viet Nam, foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for a mark registration either directly or though a lawful representative in Viet Nam.

Amendment/supplementation/division/conversion/transfer of applications

Amendment and supplementation of applications

Before the NOIP issues a notice on its rejection of an application, a notice on its refusal to grant a protection title or a decision on the grant of a protection title, the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.

In response to a request for amendment or  supplementation of the following documents, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:

Well-known trademarks

To be considered well-known as a well-known mark, the following criteria shall be taken into account :

The number of involved consumers who have been aware of the mark through purchase or use of goods or services bearing the mark or through advertising;

1. Territorial area in which goods or services bearing the mark are circulated;
2. Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided;
3. Duration of continuous use of the mark;

Collective/Certificate/Association Marks

For an application for registration of a collective mark or certification mark:

In addition to the documents specified at Point 7.1.a above, the application must also contain the following documents:

a/ Rules on the use of the collective mark/certification mark;

b/ Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin);

International Registration of Marks through Madrid system

Right of international registration of marks is based on basic mark registrations in Vietnam

a/ Persons who are granted certificates of registered marks in Vietnam enjoy the right of international registration of those marks under the Madrid Agreement;

b/ Persons who have filed mark registration applications in Vietnam and persons who are granted certificates of registered marks in Vietnam enjoy the right of international registration of those marks under the Madrid Agreement.

Right to registration of trademark in Vietnam

1.   An organization or individual shall have the right to registration of a Vietnam trademark to be used for goods or services he or she produced or supplied.

2.   An organization or individual legally engaged in the trade in a product produced by a third party shall have the right to registration of a Vietnam  trademark to be used for the product, provided for the producer neither uses such a Vietnam trademark for the product nor objects to such registration.

Protection requirements for trademark in Vietnam

General requirements for  trademark in Vietnam eligible for protection

A trade name shall be eligible for protection if it is capable of distinguishing the business entity bearing such trade name from other business entities acting in the same field and locality of business.

Signs not protected as trademark in Vietnams

The following signs shall not be protected as trademark in Vietnam:

1.   Signs identical with or confusingly similar to the national flags, national emblems;

Distinctiveness of trademark in Vietnam

1.   A trademark in Vietnam shall be considered as distinctive if it consists of one or several easily noticeable and memorable elements, or of many elements forming an easily noticeable and memorable combination, and is not those signs provided for in paragraph 2 .