5 significant Amendments to Regulations on Vietnam Trademark and Vietnam IP Law
Trademark in Vietnam, Vietnam Trademark
Vietnam has launched Circular No. 16/2016/TT-BKHCN (also called Circular No. 16) showing significant amendments to examination process of Vietnam Intellectual Property subject matters (Vietnam IP Law) including Vietnam trademark, Vietnam patent and others.
1. Power of Attorney (POA)
+ New Vietnam trademark application: POA could be filed within 01 month from the filing date of Vietnam trademark application.
+ Appealing cases: 10 days from the filing date of the appeal.
2. Time limits for filing response to Office Action (Applicable to both Vietnam Trademark, Vietnam Patent and Vietnam Industrial Design)
– Responding to Formality Examination: 2 months (former regulation: 1 month)
– Responding to substantive examination: 3 months (former regulation 2 months)
– Paying registration fee: 3 months (former regulation 1 month)
– Accepting missing deadlines: Late submissions could be acceptable provided that applicants submit correspondence with suitable evidences.
3. Opposition to registration rights of IP subject matters.
– New Court Role in dispute of registration rights: In case Vietnam National Office of Intellectual Property (NOIP) could not make final decision based on opinion of a third party, NOIP shall ask the opposing party to bring the case before the court to have their order. The procedure is:
- Submit a copy of Notice from the court to the NOIP: 01 month. Otherwise, the NOIP shall consider that the third party has withdrawn their opposition.
4. Termination/cancellation
– Termination/cancellation proceeding (Vietnam Trademark certificate, Vietnam patent, Vietnam industrial design): within 01 month, the NOIP will send a notice of termination/cancellation request to the rights holder. This shall make the process in Vietnam shorter.
5. Objection to disclamation of NOIP in receiving notification of issuing Vietnam Trademark Certificate.
After receiving notification of issuing Vietnam Trademark Certificate, If the applicant does not agree to NOIP’s disclamation regarding scope of protection of Vietnam trademark, the applicant has rights to file objection to such Notification within 03 months from the issuing date.
6. How much do trademark cost in Vietnam?
– TRADE FILING IN VIETNAM
| Scope of work: Filing Trademark Application | FEE($US) |
| For the 1st class | 170.00 |
| For the 2nd class | 100.00 |
| Duration | 16-19 months |
* Note: In Vietnam, if one class has more than 6th items, additional fee for each item upwards is $US15.00.
– TRADEMARK REGISTRATION CERTIFICATE IN VIETNAM
| Scope of work: Obtaining trademark registration certificate | FEE($US) |
| For the 1st class | 40.00 |
| For the 2nd class | 30.00 |
| Duration | 1 month |
-You could visit here to see Procedure of Vietnam Trademark Registration.
– You could visit here to check the required documents for filing trademark in Vietnam
– You can also check the Fee of Trademark In Vietnam here.
– You could see the Vietnam Trademark Law: Detailed Guide And Legal Notes here.
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