Registering a trademark in Vietnam

Question: I would like to ask for more details on registering a trademark in Vietnam.
- What are the procedures needed?
- Can a foreign individual / entity register a trademark in Vietnam?
- How long is the process?
- How much will it cost?

Answers: Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the trademark registration in Vietnamas follows:

1.Fee Schedule

In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application. Below is the breakdown of charges for registering a trademark in Vietnam, in a smooth case, for your consideration:

Description

Official Fees(USD)Attorney’s fee(USD)1. Fee for filing anapplication for one (01) class of G/S with up to 6 products in each class- Fee for each additional class of G/S in theapplication (if any)

- Fee for each additional productsin exceed of 6 in each class (if any)

40.00

33.00

7.00

150.00

50.00

3.00

2. Fee for granting aregistrationcertificate for onetrademark in one class of G/S;- for each additional class of G/S in theapplication (if any) 20.00

7.00

25.00

3.00

TOTAL☹sum of numbers in bold)235.00

Notes:The above-quoted fees do not include 5% VAT, bank charge (USD20) and actual communicationcost. In case of any office action or any possible opposition which may occur during the applicationprosecution, an additional charged would be incurred depending on the complexity of each case (hourly basis at the rate of USD100 per hour, minimum USD300).

2.Procedure and timeline

In Vietnam, the duration for a trademark application from mature to proceed to registration is round 14–18 months from the filing date, involving these stages

(1) examination as to formality and publication on the Gazette (3 months);

(2) examination as to substance (9–12 months) and

(3) issuance of registration certificate for the registered mark (2–4 months).

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

3.Required information and documents

- Name and address of the the Applicant;

- List of Goods/Services;

- Specimen of the applied mark (in soft copy);

- An original Power of Attorney (POA).

Notes:

- Kindly note that foreign individual and entity can register a trademark in Vietnam. In such a circumstance, the trademark owner must engage an intellectual property agent (IP Agent) like S&B Lawfor registering his mark with the Registry.

- For Vietnamese applications, the POA is simply signed by the Applicant only. No notarization or legalization is required.

Please further noted that a scanned/faxed copy of the POA is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date. In addition, class headings and/or general description of designated goods/services are not applicable in Vietnam.

The G/S should be correlative to those having code number listed in the Nice classification 10th edition.

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