TRADEMARK IN VIETNAM
Trademark in Vietnam includes three stages: trademark search in Vietnam, Vietnam Trademark filing and Vietnam Trademark registration. All with affordable fees.
– Stage 1: TRADEMARK SEARCH IN VIETNAM
|Scope of work: Trademark Search||Word Mark
|Device (logo) And Word Mark
|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 Trademark Application||FEE
|For the 1st class||170.00|
|For the 2nd class||100.00|
* Note: In Vietnam, if one class has more than 6th items, additional fee for each item upwards is $US15.00.
– Stage 3: TRADEMARK REGISTRATION CERTIFICATE IN VIETNAM
|Scope of work: Obtaining trademark registration certificate||FEE
|For the 1st class||40.00|
|For the 2nd class||30.00|
* Note: Our Fee for Trademark 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 Trademark Registration.
You could visit here to check the required documents for filing trademark in Vietnam
Contact AAA IPRIGHT: Email: firstname.lastname@example.org
Or sending your inquiry by filling the form:
The website Best In Singapore has selected AAA IPRIGHT is one of the 7 Best Intellectual Property Lawyers in Singapore along with 06 other firms: Tan Lee & Partners, PKWA Law, Rajah & Tann Singapore, Mirandah Law, Draw & Napier and Schweiger & Partners. 7. AAA IPRIGHT EXPERTISE Trademark Registration WEBSITE https://aaaipright.com/ ADDRESS 39 Robinson Road, #20 – 03 Robinson Point, Singapore CONTACT DETAILS +65 8652 2764/ email@example.com If you want to register your trademark in Singapore, then you can rely on AAA IPRIGHT. This Singaporean-based law firm offers its services to other countries such as Southeast Asian [...]
Question: My client is interested to file more than one trademark application at the same time in Vietnam, but he only signed 1 Power of Attorney. Is 1 original Power of Attorney sufficient for filing more than 1 application in Vietnam? If not, is a copy of the Power of Attorney for the second application sufficient? AAA IPRIGHT: It is advised that we only need 01 POA for different trademarks under the same applicant. Question: Can a Vietnam Power of Attorney [...]
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POWER OF ATTORNEY (Form POA Trademark in Vietnam) I/ We, the undersigned: Representative of: Address: Hereby empower ______________________________________________________ at ________________________________________________________________ to proceed on my/our behalf in Viet Nam with protection, registration, renewal our intellectual property, re-granting the certificate of objects such as Patent, Utility Solution, Industrial Design, Trademark, Copyright, etc and settlement of infringement related to our intellectual property rights as well as translation of the necessary papers and documents in accordance with the laws and regulations. Consequently, ______________________________ is authorized to prepare the necessary paper, sign [...]
Trademark in Vietnam, Vietnam Trademark, Vietnam Trademark Registration How to have exclusive rights to your trademark in Vietnam? The answer is to register trademark in Vietnam. The following article shall guide the procedure of trademark registration in Vietnam. 1. What should you prepare before applying trademark registration in? You need to prepare the following information: + Sample of trademark to register in Vietnam. Trademark in Vietnam could be Words or Logo. You could also see what is trademark in Vietnam here. + List out [...]
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 [...]
Vietnam investment, Vietnam trademark law, Vietnam intellectual property law Today AAA IPRIGHT have joined Singapore and Vietnam seminar on Vietnam investment opportunity in Quang Binh, Vietnam in which Vietnam law on intellectual property is also concerned. This seminar is held by Singapore Manufacturing Federation – Enterprise Singapore – Singapore Business Federation, People Committee of Quang Binh Province, Embassy of The S.R of Vietnam, Foreign Investment Agency of Vietnam. During the seminar, Vietnam highlighted the potential opportunity to foreign investors in Quang Binh, [...]
Trademark In Vietnam – Vietnam trademark – Vietnam trademark law The protection of the intellectual property in Vietnam is quite new and until 2005, the first law was promulgated to regulate this issue. With the economic integration, Vietnam IP Law is more and more developed, especially Vietnam trademark law is being improved to protect this object well. All legal notes to trademark in Vietnam shall be discussed as follows. In Vietnam, trademark means any sign used to distinguish goods or services of [...]
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:
English translation of Vietnam trademark certificate is hereafter provided:
OF TRADEMARK REGISTRATION
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).
NATIONAL OFFICE OF INTELLECTUAL PROPERTY
Dinh Huu Phi
(signed and sealed)
CERTIFICATE OF TRADE MARK REGISTRATION NO.: 2778
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.