English
It takes an average of 18 to 24 months to complete the trademark registration process. This time frame is applicable only to applications without opposition.
The territorial limit of registration is Vietnam.
A power of attorney must be submitted to complete the registration process.
- pre-filing use may demonstrate the acquired distinctiveness of the mark
- pre-filing use may help overcome an opposition on the grounds of non-distinctiveness
Attack on the ground of non-use is available.
- names
- words
- devices
- slogans
- certain three-dimensional shapes
- certification marks
- collective marks
- service marks
- First, the application will be examined in respect of formality.
- Second, the application will be published in the IP Gazette.
- Third, the mark will be passed on to substantive examination.
- Fourth, the mark will be registered once the criteria for protection are met.
- Fifth, the trademark will be published again in the IP Gazette.
- marks that contradict moral standards or public order
- generic terms
- flags, names, or symbols of nations, states, regions, or of international organizations
- non-distinctive marks
- signs similar to national flags or emblems
- signs that are confusingly similar to those signs owned by prominent socio and political organizations in Vietnam including:
- flags
- emblems
- armorial bearings abbreviations
- full names of State agencies
- signs that are confusingly similar to those signs owned by prominent personalities in Vietnam and other countries including:
- real names
- aliases
- pen names
- images of leaders
- national heroes
- famous persons
- signs that are confusingly similar to those signs owned by international organizations including:
- certification seals
- control seals
- warranty seals
- certification marks
- signs that indicate the goods’:
- origin
- functional parameters
- intended purposes
- quality
- value
- other characteristics
Vietnam uses the Nice Classification System.
Vietnam does not follow the European Union Trade Mark registration.
In order to claim priority application, the following conditions are required:
- the applicant's home country is a member of the Paris Convention
- the home application was filed six months earlier than filing date of application in Vietnam
- an international registration can be designated in Vietnam
A trademark must be used in commerce at any time within five years.
The amount of use can be minimal and must satisfy the following conditions:
- the mark must be affixed to goods, packages of goods, means of business or supplying services and communicating papers in business activities
- the mark must be used in circulating, or offering, advertising, storing for sale of, goods
- the mark must be used in importation of goods
Use of the trademark must occur in Vietnam.
The initial term of a registration is 10 years which is calculated from the registration date.
The first renewal date of a registration is 10 years from the application filing date.
It is legally allowed to use an unregistered mark for any goods or services. However, use of such a mark must not infringe on others' rights.
Registration is required in establishing rights to a trademark. The "first to file" principle is effective in Vietnam.
The national office is accessible online at the following URL: http://www.noip.gov.vn.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- breach of copyright
- the mark is descriptive
- the mark is generic
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- notorious or well-known mark
- protection of armorial bearings, flags and other State emblems
- trade names
- representation of the proprietor of the mark
- geographical indication
- registered design rights
- the mark is against public policy or principles of morality
Anyone may oppose an application.
The following can be grounds for cancellation:
- proprietary rights
- breach of copyright
- the mark is generic
- the mark is descriptive
- the mark is functional
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- notorious or well-known mark
- protection of flags, armorial bearings, and other State emblems
- representation of the proprietor of the mark
- the mark consists of a geographical indication
- trade names
- registered design rights
- the mark is against public policy or principles of morality
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to file an opposition action against a later conflicting application
- the right to file a cancellation action against a later conflicting registration
- the right to sue third parties for infringement or for using a confusingly similar mark
- the right to license interested parties to use the trademark
- the right to apply for counterfeit goods to be seized by customs authorities
- the right to receive compensation for infringement
The opposition period begins on the date of publication in the IP Gazette.
The opposition period ends on the date on which the certificate of registration is issued.
Vietnam is a signatory of both the Madrid Protocol and the Madrid Agreement.
Periodic statements of use are not required.
Subsequent renewals last for a period of 10 years from the expiry date of the last period.
The first renewal date of a registration is 10 years from the application filing date.
The following documentation is required for renewal:
- power of attorney
- original certificate of registration
The grace period is 6 months.