Vietnam trademark registration are required register IP protection at National Office of Intellectual Property of Vietnam (NOIP). National Office of Intellectual Property of Vietnam (NOIP) is the government body responsible for registering IP protection.
Vietnam Trademark Applications
Each application can be used for one trademark only. However, multi-class applications are possible in Vietnam, accordingly up to 45 classes of goods and services can be claimed under one application. The goods and/or services under the application must be classified according to the International Classification of Goods and Services under the Nice Agreement
The NOIP accepts a general power of attorney for trademark filings of one applicant. In case the power of attorney specifies particular marks of the trademark applicant, then separate power of attorney will be required for any subsequent marks of the applicant not specified in the original power of attorney. Requirements to the Power of Attorney. The POA must be submitted within 1 month from filing the trademark application in Vietnam. Notarization or legalization is not required. However, the certified copy of the priority document must be translated into Vietnamese.
Vietnam Trademark Examination
All trademark applications will be examined by the National Office of Intellectual Property of Vietnam (NOIP) with respect to formality requirements. If the application is found to satisfy the formality requirements, then it will be accepted as legitimate by the NOIP in a Notification of Acceptance which provides official filing date, official filing number, and priority date if any. In case the application does not meet the formality requirements, the NOIP will reject the application by a Notification of Refusal of Acceptance or request corrections or amendments, as the case may be.
Upon expiry of the formality check and where the application is accepted as legitimate, the application will be published in the IP Gazette from the acceptance date and then, passed to substantive examination which takes place within a 06 month period from the date of publication of the application. The substantive examination is to consider whether the claimed trademark (i) possesses distinctiveness and (ii) is of those signs excluded from trademark protection.
Acceptance of Protection
If upon expiry of the substantive examination, the trademark is found to be registrable, the NOIP will grant Certificate of Trademark Registration for the trademark, and publish the Certificate in the IP Gazette.
Where the trademark is unregistrable, the National Office of Intellectual Property of Vietnam (NOIP) will issue a Notification of Examination Result of Application notifying the applicant of the intended refusal of grant of the certificate and reasons therefore, or of the deficiencies or amendments which should be corrected or made. The applicant has 2 months to reply or make necessary amendments. If the applicant fails to reply or the response is not appropriate, the NOIP will officially issue a Notification of Refusal of Granting Certificate of Trademark Registration. To the contrary where the response is satisfactory, the Certificate of Trademark Registration or Decision of Acceptance of Protection will be granted as above mentioned.
Vietnam Trademark Protection
A certificate of Vietnam trademark registration shall be effective from the granting date and last for 10 years from the filing date, and can be renewed for indefinitely for each consecutive 10-year term. Renewal request may be filed late within a 6-month grace period.
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