Frequently Asked Questions
The relevant Vietnam trademark authority is the National Office of Intellectual Property of Vietnam (NOIP).
A trademark may be a word or words, letters, pictures, figures, including three-dimensional figures, or a combination thereof, either in one or more colors.
There are five types of mark registrable in Vietnam including:
- Trademark including service mark means any sign used to distinguish goods and/or services of different organizations or individuals.
- Collective mark: means a mark used to distinguish goods and/or services of members from those of non-members of an organization which is the owner of such mark.
- Certification mark: means a mark which is authorized by its owner to be used by another organization or individual on the latter’s goods and/or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods and/or services bearing the mark.
- Associated mark: means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
- Well-known mark: means a mark widely known by consumers throughout the Vietnamese territory.
Class headings or general description of the designated goods/services are not accepted. It is necessary to describe such goods/services in detail.
After an application is filed, it is first examined as to compliance with the formal requirements within one month from the filing date. If formal defects are found, the application will be rejected, and the applicant may then amend or correct the application within two months. If the application is found formally in order, it will be accepted as such and a notice of acceptance confirming the filing date and application number will be issued and the application is published (within two months from the date of the notice of acceptance by NOIP). Thereafter, the application will be subjected to an examination as to registrability. If the mark during substantive examination is found registrable and the fees are found duly paid, a decision to grant registration will be taken. The mark will then be registered, a notice concerning the registration will be published in the Industrial Property Official Gazette and a Certificate of Registration will be issued.
Term of protection of a registration of a trademark is 10 years, calculated from the filing date. Renewal may be conducted within six months prior to the expiry date of the registration.
Yes. It is possible to file a request for late renewal in a grace period, i.e. no later than six months after the expiry date of the registration against payment of a surcharge.