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TradeMarks – Procedures and Time Frames

Trademark applications may be filed with the National Office of Intellectual Property of Vietnam (NOIP) directly or by mail. The filed applications will be subjected to the examination process as the following chart shows.

Trademark VN

Examination on filing

The Receiving Division will examine whether the trademark application satisfies the requirements on the documentation and the application fees have been paid.

If the application meets all the requirements on filing, a date of filing and an application number will be assigned.

Examination as to form

The filed application will be then examined as to form within one month. The NOIP examines the application whether it complies with the administrative requirements or formalities.

If all the relevant documents and information are included and the application fees have been paid, the application will be accepted as complete and regular and the application number and the filing date will be officially recorded. The NOIP will issue a notification of acceptance and send it to the applicant or his trademark agent.

Publication

A trademark application will be published in the Industrial Property Gazette, Volume A of NOIP after a period of one month from the filing date.

The publication information contains the publication number and the publication date, the application number and the filing date, a sample of the trademark, the information on the applicants, trademark agent, the priority data, and the list of goods or services under the international classification system.

Examination as to substance

The application will be automatically examined as to substance within 09 months counted from the publication date. The substantive examination verifies whether there exist any grounds for refusal connected with failure to satisfy the trademark registrability criteria as mentioned above.

Registration, recordal and publication of trademark

When the NOIP finds no grounds for refusal, it will issue a notification of result of substantive examination in which the applicant will be invited to pay the fees for registration and publication of the registered trademark.

After the prescribed fees are paid, the NOIP will issue to the applicant the certificate of trademark registration, record the information related to the trademark and list of goods and services in the National Register kept by the NOIP and then publish the trademark in the Industrial Property Gazette, Volume B of NOIP within 2 months from the date of grant.

Opposition

After the publication date of the trademark application and before the date of registration, any third person may file an opposition to the NOIP stating the grounds therefor.

The opposition must be submitted to the NOIP in a written reasoned statement accompanied by adequate evidence for the opposition. The opposer must pay the prescribed opposition fees.

Appeal

The applicant may appeal against any decision by which the NOIP accords a filing date, treats the application as if it had not been filed, considers a declaration claiming priority right not to have been made, rejects the application or refuses to register a trademark.

The first appeal should be submitted to the Director General of the NOIP within ninety days from the date of the NOIP’s decision.

If the first appeal is refused by the NOIP, the appellant can lodge the second appeal to the Minister of Science and Technology or a competent court within thirty days of notice of the decision of the NOIP.

The Intellectual Property Law gives the applicant one more opportunity for further appeal to a competent court if he does not accept the result of the second appeal from the Minister of Science and Technology.

Duration and renewal of registration

The registration remains in force for 10 years from the filing date.

The registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application. Such application may be made within 06 months before the end of each successive 10-year period for which the registration was renewed, or it may be made within a grace period of 6 months after expiration of trademark registration term, upon payment of prescribed fee and surcharge.