PATENT IN Vietnam, Vietnam Patent
PATENT IN VIETNAM
PATENT IN Vietnam includes three stages: PATENT SEARCH in Vietnam, Vietnam Patent filing and Vietnam Patent registration. All with affordable fees.
– Stage 1: PATENT SEARCH IN VIETNAM
| Scope of work: PATENT SEARCH | Word Mark
($US) |
Device (logo) And Word Mark
($US) |
| For the 1st class | 60.00 | 65.00 |
| For the 2nd class | 50.00 | 60.00 |
| Duration | 5-7 days | 5-7 days |
– Stage 2: TRADE FILING IN VIETNAM
| Scope of work: Filing Patent 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 $US15.00.
– Stage 3: Patent REGISTRATION CERTIFICATE IN VIETNAM
| Scope of work: Obtaining Patent registration certificate | FEE
($US) |
| For the 1st class | 40.00 |
| For the 2nd class | 30.00 |
| Duration | 1 month |
* Note: Our Fee for PATENT IN Vietnam includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
You could visit here to see Procedure of Vietnam Patent Registration.
You could visit here to check the required documents for filing PATENT IN Vietnam
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
Procedures for trademark transfer in Vietnam
Trademarks need to be registered to gain protection in Vietnam. However, if you find a business opportunity or feel that the trademark is no longer suitable with the development path set out at the beginning, you can carry out the procedure for transferring the trademark to another party. In the following article, VLIP will show the procedure for trademark transfer in Vietnam in accordance with the law. Trademark transfer means the transfer of ownership of a mark by a trademark [...]
Common stages of trademark registration in Vietnam
The normal trademark registration process in Vietnam will be divided into several stages, including: Formal appraisal stage After receiving the application, the experts at the National Office of Intellectual Property of Vietnam will conduct a formal examination to check whether the trademark application is legally valid or not. If valid, the NOIP will make a decision to accept the form of the submitted trademark application. The time limit for giving feedback during this period is 1 month according to the provisions of the [...]
The invention of the automatic helmet-washing machine in Vietnam
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Guidelines for the Protection of IP Rights at Exhibitions of CNIPA
In order to further improve IP protection and regulate the administration of IP protection in exhibitions, the China National Intellectual Property Administration (CNIPA) published Guidelines for the Protection of IP Rights at Exhibitions on July 22, 2022. Guidelines for the Protection of Intellectual Property Rights at CNIPA Exhibitions Pre-, during-, and post-exhibition protection are all covered in the Guidelines’ four chapters, which also address general provisions. Articles 6, 8, and 11–15 are some of the substantial aspects, and their specifics are [...]
Amendments in Trademark Opposition in Vietnam Intellectual Property Law 2022
The National Assembly has amended the Intellectual Property Law, which will go into effect on January 1, 2023. To bring the IP system closer to the world’s treaties and common practices, the legislation makes significant improvements addressing a wide range of important issues. Trademark Opposition Procedure Amendments The new legislation maintains Vietnam’s long-standing pre-registration opposition procedure. Currently, any party may file an opposition to a pending application until it is granted or denied registration. However, after the new law takes effect, [...]
TikTok and problems with music copyright
TikTok, known in China as Douyin, a short-form video hosting service owned by Chinese company ByteDance, was sued by VNG in the past. The Vietnam tech company claimed compensation of VND 221 billion due to the use of Zing’s copyrighted sounds – a subsidiary of VNG without the consent of this platform. This is not the first time TikTok has been caught under copyright lawsuits like this. VNG filed a lawsuit against TikTok for violating music rights in Vietnam TikTok is [...]
Regulations on copyright in Vietnam
In Vietnam, the copyright is divided into moral rights and economic rights (Article 18 of the consolidated document 07/VBHN-VPQH in 2019 consolidating the Intellectual Property Law). This article will specify the regulations on copyright in Vietnam. To ensure compliance with international commitments after joining new generation trade agreements including CPTPP, EVFTA and RCEP, Vietnam has revised and supplemented many regulations related to copyright and related rights in the 3rd amendment of the IP Law 2005, which has just been approved [...]
The difference between the Vietnam Copyright Office and the National Office of Intellectual Property of Vietnam
What are the difference between the Vietnam Copyright Office and the National Office of Intellectual Property of Vietnam? Both these agencies have the function to protect intellectual property assets for the registrants. However, the applicants themselves when trying to protect their rights regarding trademarks will have a hard time figuring out which agency is suitable for their specific type of IP asset. A brand is an integral part of a business. In Vietnam, on the other hand, there is no [...]
Frequencly Asked Questions
After or when receiving protection certificate, the holder does not need proof of use for trademark in Vietnam. However, the trademark must be used practically and when having a request, the owner is required to prove their use of trademark in Vietnam by proving that the holder has carried out trading actions with their trademark such as advertising, establishing business locations and especially providing customers with their items/services. If the trademark has not been used by its owner or the licensee of the owner without justifiable reason for five consecutive years, the effectiveness of the trademark shall be terminated upon request of other third party.
In conclusion, although the owner does not need to prove the use of their trademark, they must use their trademark in fact. When they do not use it for five consecutive years, if having evidences, a third party could terminate the rights to their trademark in Vietnam.
In order to receive trademark certificate in Vietnam, it will take about 20 months from the filing date of Vietnam trademark application which is applicable in a straight forward case. Trademark certificate in Vietnam shall have design as follows:
Page 1. Trademark certificate in Vietnam, Vietnam trademark certificate
Page 2: trademark certificate in Vietnam, Vietnam trademark certificate
English translation of Vietnam trademark certificate is hereafter provided:
CERTIFICATE OF TRADEMARK REGISTRATION No. 277
Proprietor: PT. INDUSTRI , Semarang, Jawa Tengah, Indonesia Application Number: 4-2014- Filing Date: 10 Issued by 157/ QD-SHTT dated: 16 March 2017 Validity: effective as of the granted date and is valid for 10 years from the filing date (renewable).
DIRECTOR NATIONAL OFFICE OF INTELLECTUAL PROPERTY Dinh Huu Phi (signed and sealed)
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Bar code VN 4-027 |
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CERTIFICATE OF TRADE MARK REGISTRATION NO.: 2778
Trademark:
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Color:
Classification: Normal
Other Content:
List of Goods/ Services covered by the Trademark:
Class 05: Candy for medical purposes; pharmaceutical preparations; medicines for human purposes; medicinal herbs; medicinal drinks; syrups for pharmaceutical purposes.
* OTHER NOTES *
You can also check the Fee of Trademark In Vietnam here.
– Regarding the required documents of trademark in Vietnam, you can see here.
– You could visit here to see Procedure of Vietnam Trademark Registration.
– Other questions of trademark in Vietnam here.
– You could also check the trademark fees in ASEAN countries here. All with affordable fees.
– You could also check the trademark fees in ASIA here. All with affordable fees.
Today, an increasing number of individuals and organizations are granted certificates for their trademark in Vietnam. However, after receiving certificates, the holder needs to know which rights they have and how they can use the trademark and settle the infringement with the trademark.
In Vietnam, the holder’s trademark is protected in 10 years from the time of filing the trademark application. Moreover, the holder may renew the protection certificate for unlimited times with 10 years per time with necessary documents including power of attorney and original certificate of registration. In case of that the renewable date has expired, 6 months is a grace period for registration renewal.
In addition, the trademark holder has rights to use their trademark in Vietnam, oppose the subsequent conflicting application, bring a cancellation action against a subsequent conflicting registration, sue for infringement against confusingly similar third party trademark use, license other third parties to use the trademark, apply for seizure by customs authorities for importation of counterfeit goods and obtain damages for infringement.
Therefore, knowing which rights they have after having certificates is very important for individuals and organizations to protect their rights and settle the infringement related to their trademark.
In general, the Intellectual Property Law of each nation is quite different, so the procedure of trademark registration is not the same in particular. Hence, knowing the procedure of trademark registration in Vietnam is very necessary to help individuals and organizations register their trademark in Vietnam easily.
In Vietnam, before filing a trademark application, the holder should conduct trademark search in Vietnam to undertake that they have a good chance to register their trademark successfully. After, they should register that trademark in Vietnam as soon as possible and the approximate time frame for Vietnam trademark registration is from 18 to 24 months without an opposition.
However, within the time from when the application is published on gazette by Trademark Office, others can file an opposition against the holder’s trademark if having legitimate reasons. Finally, after the Vietnam trademark is registered successfully without opposition, the holder is granted a protection certificate.
In conclusion, knowing exactly the procedure of trademark registration in Vietnam is an important factor for the owner to register a trademark successfully.
With global economic integration, that trademarks of international individuals and organizations enter into Vietnam is an indispensible element. Hence, Vietnam takes part in global Agreement and Treaties to create convenient conditions for their trademark registration.
In addition to the provisions of Vietnamese law, with the integration, the law on trademark in Vietnam is regulated by Treaties, Conventions, Bilateral and Multilateral Agreements which are Trips, Paris Convention, Madrid Agreement, Protocol Relating to the Madrid Agreement, Nice Agreement, Vienna Agreement, Vietnam-US Bilateral Agreement, etc. to protect international trademark as well as Vietnamese trademark is protected in other countries.
Therefore, thanks to the integration, the Vietnamese intellectual property Law is more and more enhanced to protect the trademark of international individuals and organizations.
Today, trademark rules of almost nations across the world are “first to file” and “first to use” which are the basis to have rights of a trademark of the owner. Hence, knowing the trademark rule of a nation is very essential with the owner of a trademark to determine the time when they have rights.
Vietnam applied the rule “first to file”, which is the same with many countries such as Laos, Cambodia, South Korea, Canada, Thailand, China, the EU, Indonesia, Japan, Philippines, meaning that the person, who files a Vietnam trademark application firstly, shall have prior rights with that trademark, no matter how long others use it. Hence, the use for a trademark is not the evidence to prove that you have rights for such trademark.
Therefore, individuals and organizations must file trademark applications in Vietnam as soon as possible to enjoy rights with their trademark.
Today, with economic integration, the law on the intellectual property in Vietnam is more and more developed and an increasing number of trademark applications are filed to Trademark Office in Vietnam. Hence, understanding what the trademark is are very essential so that a trademark of an individual or an organization can be protected in Vietnam.
In Vietnam, trademark means any sign used to distinguish goods or services of different organizations or individuals and trademark in Vietnam shall be eligible for protection when it satisfies the following conditions: “It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours; It is capable of distinguishing goods or services of the trademark owner from those of other subjects.” When a trademark of an individual or an organization is protected, they shall have rights to deal with others who violate such trademark.
Therefore, the owner wants their trademark to be protected, at least it must meet above conditions to have protection in Vietnam.
