Vietnam’s trademark examination procedure has recently changedAAA IPRIGHT5
The Vietnam Intellectual Property Office (NOIP) has made some adjustments to the country’s trademark examination process.
Some of these yet-to-be-official updates are based on the following:
Acceptability of LOC (letters of the consent) in trademark registration
The VNIPO tends to accept a LOC if:
1) the applied-for trademark is not identical to the cited mark, and
2) the LOC contains information about the applied-for and cited marks, and the parties, and statements from the right owner of the cited mark.
The legal status of cited marks during the examination phase of applied-for marks
Evaluation of a cited or prior mark’s legal status is done by counting the time from the date of filing or the priority date of an applied-for mark.
Registrability of trademarks in 3D and with foreign languages aside from Vietnamese, English, and French
3D trademarks in local and international applications bearing the shape and container design of goods in the list of goods and services will not be accepted for registration. Even if the applied-for mark has distinctive characteristics in addition to its 3D form, it will still be rejected for registration.
If examiners conclude that the foreign words used are indicative of the applied-for products and services, those symbols can be made ineligible for registration, just like other languages in trademarks.
Registrability of geographically named trademarks
Under the following conditions, trademarks containing geographical names would not be registrable:
- The good/service and the geographical name it bears are either unrelated or related, but the geographical name does not indicate its location.
- The relation between the good/service and the geographical name is ambiguous or unclear.
- There is a close relationship between the good/service and the geographical name.
These changes must not be prohibitive to foreign applicants or impede foreign investment in any way.
Two other recent trademark-related developments in Vietnam have also been officially documented.
One is the prospect of a re-examination by the VNIPO if the applicant presents new information that could influence the outcome of the substantive examination.
And the signatory of a Power of Attorney must now be a legal representative of a legal entity, according to the second recent documented change.
AA IPRIGHT shall keep you updated the progress of your trademark application in Vietnam.
– 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.
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