Date: 26 January 2021
Writer: Bach Luc
Trademark is the most important type of intangible asset of an enterprise. It is associated with the prestige, quality and trust of customers in the products and services of an enterprise. Therefore, trademark registration is one of the procedures that enterprises need to comply. In this article, BLawyers Vietnam Law Firm would like to introduce you to the legal notes in the trademark registration procedure in Vietnam as follows:
1. General conditions for the registerable mark
Not all trademarks can be registered for protection. Trademarks may be registered for protection if the following conditions are satisfied:
- It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colors.
- It is capable of distinguishing goods or services of the mark owner from those of other subjects.
2. Subjects having the right to apply for trademark registration
The subject has the right to perform procedures for registration of the mark includes:
- Vietnamese individuals, organizations and enterprises;
- Foreign individuals and organizations;
Note: Foreign individuals permanently residing in Vietnam, and foreign organizations and individuals having production or business establishments in Vietnam have the right to register trademarks directly or through an industrial property representation. If foreign individuals do not permanently reside in Vietnam and foreign organizations and individuals do not have production or business establishments in Vietnam, they must conduct trademark registration through an Industrial property representation.
3. Steps to trademark registration
Typically, there are three steps that the trademark registration process goes through, as follows:
Step 1: Searching for the trademark
This is not a compulsory procedure, but it needs to do to increase the success of trademark registration and save time. Because this step can help early detect trademark cases already registered and provide suggestions for timely resolution.
In this procedure, BLawyers Vietnam will conduct a lookup of data on Vietnamese and international trademarks to assess the possibility of success of trademark registration.
Step 2: Submitting the application dossier for trademark registration
Stage 1: Preparing the application dossier
The applicant must prepare all the documents required by law. Dossier must include the following documents:
- Trademark registration declaration
- Trademark sample
- Power of attorney (if any)
Stage 2: Submitting a trademark registration declaration
The agency that receives trademark registration dossiers is the Intellectual Property Office of Vietnam. The applicant can apply in 02 forms: directly at the receiving agency or using postal services.
The Intellectual Property Office of Vietnam will conduct formality examination and substantive examination of trademark registration applications.
Step 3: Getting results
Trademark applicants will receive protection titles after about 16-18 months from the filing date. Trademarks will be protectable for a period of 10 years from the filing date and may be renewed multiple times.
In conclusion, trademark registration is an essential procedure for enterprises and helps protect its value in the best way.
Should you have any questions about the above contents, please revert to us at email@example.com.
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