Trademark Registration in Vietnam

Trademark registration in Vietnam is available for names, logos, sounds, and other symbols. You can rely on our local law firm for support during the procedure.

Can I register a trademark in Vietnam if I am a foreigner?

Yes, you can.

IMPORTANT! As a foreigner, you must appoint a local representative registered with the National Office of Intellectual Property to complete the procedure. Our lawyers in Vietnam offer such a service. For this, we will need a power of attorney for representation. This way, the procedure can be completed remotely on your behalf.

What conditions must a Vietnamese trademark meet to be registered?

• it must have distinctive characteristics;
• it must not be identical or similar to a trademark registered earlier for similar goods or services.

What are the steps to register a trademark in Vietnam?

1. trademark verification which can be completed online, in person, or through a proxy;
2. submission of the application with the National Office of Intellectual Property (NOIP);
3. obtain the registration certificate.

What are the documents required when registering a trademark in Vietnam?

Individuals and companies seeking to obtain protection for their intellectual property in Vietnam, especially for trademarks, need to submit the following documents:

• a registration form;
• a description of the trademark accompanied by one or more samples of it;
• a list of the goods/products it is intended to protect;
• details about the particularities of the trademark which differentiates it from other products;
• the receipt indicating the payment of the registration fee.

Apart from these, additional documents may include a power of attorney, if the registration is completed through a proxy, a document stating the right of priority, if this is the case.  Also, depending on the type of Vietnamese trademark, other papers permissions and certificates may be required.

What types of trademarks can I register in Vietnam?

1. simple trademarks, which can include words, numbers, and combinations of them;
2. service marks, which are used for describing the services of a business;
3. collective marks, which are used for designating a group of products or services;
4. certification marks, which are used to certify the characteristics of products;
5. sound marks are also recognized in Vietnam;
6. 3D marks, which are usually used to designate shapes of goods.

Our Vietnamese lawyers can guide you through the selection procedure of a specific type of mark.

Is Vietnamese trademark verification the same as examination?

No. Trademark verification is an optional procedure completed BEFORE starting the trademark registration procedure in Vietnam and can be carried out through an external service provider, such as our law firm. The examination is a standard phase in the registration process and is carried out directly by the NOIP.

Will a preliminary verification delay the registration of a trademark in Vietnam?

No, considering it is done before starting the registration procedure.

How long does it take to register a trademark in Vietnam?

Trademark registration in Vietnam expands over a longer period, which can be divided into:

• the formal verification that takes about one month to complete;
• within the next month, the NOIP will publish the trademark;
• after the publication, the substantive verification of the mark must be completed in 5 months;
• oppositions can be filed within 3 months from publication;
• if the trademark is accepted, within 2 or 3 months, the Office will issue the registration certificate.

You should expect for the total registration time to be completed in 9 to 10 months; however, delays may occur at NOIP level. Also, the same procedure applies to Vietnamese citizens/residents and non-residents, who must appoint a local agent.

What is the validity of a trademark in Vietnam?

10 years. It can also be renewed for the same period unlimitedly.

Is it possible for a Vietnam trademark to be revoked?

Yes. Not using a registered trademark for 5 consecutive years will determine its revocation at the request of a third party.

If you need assistance in securing your intellectual property rights in Vietnam, feel free to contact us.