Trademark registration procedures in Vietnam

1. Minimum documents

- Trademark registration declaration, typed according to form No. 08 Appendix I Decree 65/2023/ND-CP [Brand description: the trademark sample must be described to clarify the constituent elements of the label brand and overall meaning of the brand, if any; If the mark contains words or phrases that belong to figurative language, those words or phrases must be transliterated; Trademarks containing words and expressions in foreign languages ​​must be translated into Vietnamese. If the mark contains numbers other than Arabic or Roman numerals, it must be translated into Arabic numerals; The List of goods/services section in the declaration must be grouped in accordance with the international classification of goods and services (according to the 12th Nice Agreement)] (Sample attached).

- 05 attached trademark samples (the attached trademark sample must be identical to the trademark sample pasted on the registration application declaration, including size and color. The trademark sample must be clearly presented with the size of each element. Parts within the trademark are no larger than 80mm and no smaller than 8mm. The entire trademark must be presented in a trademark template measuring 80mm x 80mm. If color protection is required, all trademark samples on the sheet declare and attach must be presented with the correct color to be protected);

- Proof of payment of fees and charges.

In case the trademark registration application is for a collective mark or certification mark, in addition to the minimum documents mentioned above, the application must also contain the following documents:

- Regulations on the use of collective marks or certification marks;

- An explanation of the characteristic (or unique) nature and quality of the product bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a certification mark product quality or a mark certifying the geographical origin of local specialties);

- Map of geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or the trademark contains place names or signs indicating the geographical origin of local specialties).

- Document of the People's Committee of the province or centrally run city permitting the use of place names or other signs indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a trademark). collective, certification marks containing place names or other signs indicating the geographical origin of local specialties).

2. Other documents (if any)

- Power of attorney (if applying for registration through industrial property representation service organizations);

- Documents confirming permission to use special signs (if the trademark sought to be protected contains symbols, flags, badges of domestic and international agencies and organizations...);

- Documents proving the right to registration, if the applicant enjoys that right of another person;

- Documents proving priority rights (if the application requires priority rights). 

3. General requirements for registration application

- Each application may only request one protection title and the type of protection title requested must be consistent with the trademark stated in the application;

- All application documents must be made in Vietnamese. For documents made in other languages ​​as prescribed in Article 100.2 of the Intellectual Property Law, they must be translated into Vietnamese;

- All documents must be presented vertically (only drawings, diagrams and tables can be presented horizontally) on one side of A4 sized paper (210mm x 297mm), especially for documents that are copies. Geographic area maps can be presented on A3 size paper (420mm x 297mm), with margins on four sides, each margin 20mm wide, in Times New Roman font, letters no smaller than 13, except for supporting documents whose origin is not intended to be included in the application.

- For documents that need to be prepared according to templates, it is mandatory to use those templates and fill in all required information in the appropriate places;

- For each type of document, except for sets of photos and industrial design drawings, if it includes many pages, each page must have its page number written in Arabic numerals;

- Documents must be typed or printed with indelible ink, clearly, cleanly, without erasure or correction; If the document has 2 pages or more, it needs to be stamped by the applicant/document-issuing agency (if any); In case of detecting insignificant spelling errors in documents submitted to the National Office of Intellectual Property, the applicant can correct those errors, but at the place of correction, there must be a confirmation signature. (and stamp, if any) of the applicant;

- The terms used in the application must be consistent and common terms (do not use local languages, rare words, or created words). Symbols, units of measurement, electronic fonts, and spelling rules used in the application must comply with Vietnamese standards);

- The application may be accompanied by supporting documents that are electronic data carriers of part or all of the content of the application document. 

4. Trademark registration fees and charges

- Application fee: 150,000 VND

- Application publication fee: 120,000 VND

- Lookup fee for People's Group: 180,000 VND/01 group of products and services

- Lookup fee for the 7th product and service onwards: 30,000 VND/01 product or service

- Content appraisal fee: 550,000 VND/01 group of products and services

- Content appraisal fee for the 7th product/service onwards: 120,000 VND/01 product or service.

5. Time limit for processing trademark applications

From the date it is received by the National Office of Intellectual Property, the trademark registration application is considered in the following order:

- Formal appraisal: 01 month

- Application announcement: within 02 months from the date the trademark application has a decision accepting the valid application

- Content appraisal: no more than 09 months from the date of publication of the application.

[Article 110.3, Article 119 of the Intellectual Property Law; Article 9, Article 10 Circular 23/2023/TT-BKHCN/2023/TT-BKHCN]

6. Application form

Applicants can choose to submit a paper application or submit an online application through the online public service portal of the National Office of Intellectual Property, specifically:

a) Paper application form

Applicants can submit a trademark registration application directly or via postal service to one of the application receiving points of the National Office of Intellectual Property, specifically:

- Head office of the Department of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

- Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: No. 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.

- Representative office of the Department of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of submitting a trademark application by post, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application file to one of the application receiving points. mentioned above by the National Office of Intellectual Property to prove the amount paid.

(Note: When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via corresponding post office to that application receiving point).

b) Online application form

- Conditions to apply online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the National Office of Intellectual Property to carry out transactions. Translation of industrial property rights registration.

- Online application procedure: The applicant needs to declare and submit the trademark application on the online application receiving system of the National Office of Intellectual Property, after completing the declaration and submitting the application above. The system receives online applications. The system will return to the applicant a Confirmation of online document submission. Within 01 month from the date of submitting the online application, the applicant must go to one of the application receiving points of the National Office of Intellectual Property on working days during business hours to present the Confirmation of documents submitted online. route and accompanying documents (if any) and pay fees/charges as prescribed. If the documents and fees/fees are complete as prescribed, the application receiving officer will issue the application number to the Declaration on the Online Application Receiving System. If the documents and fees/fees are insufficient as prescribed, application will be refused. In case the Applicant does not complete the application procedure as prescribed, the online documents will be destroyed and a Notice of Cancellation of Online Documents will be sent to the Applicant on the Online Application Receiving System.

[Article 100, Article 101, Article 105 of Intellectual Property Law; Article 24 Circular 23/2023/TT-BKHCN/2023/TT-BKHCN]