Question: Please let us have more information on the costs of Trademark registration and the time required for such in Vietnam. In addition, please let us have the answers below?

1, What documents or materials are required from the applicant, such as POA?

2, Whether the legalization or notarization is necessary?

3, Time frame from the filing to the issuing of registration certificate.

4, Total fees for applying for a trademark (including all fees for one smooth process- professional fees, official fees and all other disbursements from application to registration if there is no objection and opposition as well as issuing the certificate).

5, Searching fees (also the time frame)

6, Are the multi-class and series of marks applications available in your country? If not, fees of the additional class;

7, Total fees for renewal one trademark (professional fees, official fees and all other disbursements) and the time frame. What documents are required?

Answer:

1) What documents or materials are required from the applicant, such as POA?

Answer:

–       Name and address of the Applicant;

–       List of Goods/Services

–       Specimen of the applied mark (in e-copy only)

–       An original Power of Attorney

2) Whether the legalization or notarization is necessary?

Answer:

–       Both notarization and legalization are not necessary

3) Time frame from the filing to the issuing of registration certificate.

Answer:

It often takes around 14-18 months from the filing date in which:

–       Examination as to formality and publication on the Gazette (3-4 months);

–       Examination as to substance (9-12 months);

–       Issuance of registration certificate for the registered mark (2-4 months)

4) Total fees for applying for a trademark (including all fees for one smooth process- professional fees, official fees and all other disbursements from application to registration if there is no objection and opposition as well as issuing the certificate).

Answer:

–       The total fee for applying for a trademark in one class within 06 goods/services in a smooth case is about $US342.35The details of which are quoted in the table above

5) Searching fees (also the time frame)

Answer:

–       The searching fee for a trademark in one class is about $US140.75

–       The duration of a trademark search for one mark in one class is around 10-15 working days.

6) Are the multi-class and series of marks applications available in your country? If not, fees of the additional class;

Answer:

–       In Vietnam, multi-class application is applicable and series of marks applications are available. However, for each additional class from the second will be counted the fees. The details of which are quoted in the table above

7) Total fees for renewal one trademark (professional fees, official fees and all other disbursements) and the time frame. What documents are required?

Answer:

–       The total fee for renewal one trademark per one mark is $US317.15.

Please be noted that the mentioned fees are inclusive of the official fee and professional fees, $US30.00 of communication costs and $US20.00 of bank charges and 5%VAT. They are exclusive of as below:

+ $US128.00 of fee for trademark renewal for each additional class from the 2nd one (If any);

$US4.00 of fee for late renewal (as to each class for each month of late submission of renewal (If any)

–       The duration of examination of trademark renewal is around 3-6 months from the date of filing renewal application to the actual receipt of recored-renewal. However, in some cases, it will take further 3-6 months to examine of trademark renewal by the NOIP’s examiners due to backlog of the trademark applications of the NOIP or any possible shortcomings in examination process of trademark.

–   Documents required:

+ An original of Trademark Registration Certificate (TMRC) in case your client wish to record renewal of trademark in the protection titles, otherwise we will record on the NOIP’s database directly without an original of TMRC.

+ An original Power of Attorney with a simply signature of the Applicant (form of SBLAW). Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date.

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