Trademark registration is a necessary and sufficient condition for a brand of goods and services to enter the market. In Vietnam, trademark rights are established according to principles “First to file – First to file principle”.
Accordingly, trademarks can only be exclusively protected in Vietnam through registration at the National Office of Intellectual Property, except in the case of famous trademarks.
1. Documents customers need to prepare to register a trademark
When To register a trademark, just provide us with the following documents:
- Brand template. For audio trademarks, the trademark template is the audio file and the graphic representation of that audio;
- List of products and services requiring trademark registration;
- Other relevant documents (if any);
- Sign the Power of Attorney according to the form for Viet An Law;
- Trademark registration application documents will be drafted by Viet An Law and the client's representative will work with the Intellectual Property Department.
2. Instructions on the trademark registration process if you file the application yourself
Please note in particular that only Vietnamese applicants and Vietnamese companies can apply for trademark registration themselves. For applications with foreign nationality, the applicant is required to register the trademark. through an industrial property representative company such as Viet An Luat. To carry out the trademark registration procedure, the applicant needs to prepare and complete the following documents:
3. Trademark registration registration form:
- Trademark registration declaration made according to form No.: Appendix I - Form No. 08 Appendix attached to Decree No. 65/2023/ND-CP dated August 23, 2023 of the Government with (Quantity of 02 copies: 01 copy The National Office of Intellectual Property maintains and carries out the procedures, the remaining 01 copy is stamped and barcoded and returned to the applicant).
4. Note when making a trademark declaration
- Protection titles are issued in electronic and paper versions (in case the applicant requests a paper copy, put an X on the paper copy).
- Regarding the brand description, the declaration must clearly clarify the constituent elements of the brand.
- The application owner must describe and state the meaning of the mark: If the mark has words or phrases that belong to figurative language, those words and phrases must be transliterated. If the trademark contains words or phrases in a foreign language, it must be translated into Vietnamese. For trademarks that use descriptions related to foreign origin, the registrant must have citizenship in that country.
- Classify trademarks in accordance with the International Classification of Goods and Services according to the Nice Agreement, version 12-2024, published by the National Office of Intellectual Property in the Industrial Property Official Gazette No. 429 (published on January 25). 12, 2023) and will be applied in Vietnam from January 1, 2024 so that the registered trademark will not be refused for formality examination and have to pay additional fees due to grouping. wrong.
- One application can register many groups of goods and services.
- Each registration application will only be granted one protection title, unless copies are requested;
5. Note with brand samples
- Brand samples submitted according to the application: 06 attached samples, in addition to 1 sample attached to the declaration, the label sample that needs to be prepared is no smaller than 2cm x 2cm and no larger than 8cm x 8cm.
- For audio trademarks, the trademark template is the audio file and the graphical representation of that audio.
6. Fees and charges
- Proof of payment of application fee (01 copy).
7. Documents proving the right to use
- When registering a trademark containing the following special signs, documents are required to prove the right to use: Name, symbol, flag, badge, of an agency or organization, certification mark, inspection mark, warranty mark , character names, images, trade names, indications of origin, awards, medals or symbols representing products, signs within the scope of protection of another person's technological design.
- Quantity: 01 copy.
8. Other documents
When a customer registers a collective mark, the certification mark application requires the following documents:
- Regulations on use of collective marks/certification marks.
- An explanation of the characteristic (or specific) 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 quality certification mark). quality of the product or a mark certifying geographical origin).
- Map identifying the territory (if the registered trademark is a trademark certifying the geographical origin of the product).
