Is registration required for trademark protection in Vietnam? >> Yes, registration is required for trademark protection in Vietnam.
     
What could be protected as a trademark in Vietnam? >> Visible signs (black and white or in colors)
     
Is a distinct scent (sound/ taste/ motion/ touch) protectable as a trademark in Vietnam?

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No, it is not possible. “Untraditional marks”, such as scent, sound, taste, motion, or touch, are not eligible for trademark protection in Vietnam.
     
How do I apply for a trademark registration in Vietnam?



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You can
(1) file a trademark application with NOIP; or
(2) file an international application under Madrid system (if applicable) for Vietnam is a member of Madrid Agreement and Madrid Protocol.

     
What should I expect from NOIP concerning my trademark registration under Madrid system?



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NOIP examines your trademark under the international registration in accordance with trademark law and regulations of Vietnam. It takes 12 months (from the date of recording) for NOIP to complete the examination. NOIP may either issue a Statement of Protection or a Provisional Refusal of your international registration.

     
What can I do when I receive from NOIP a Provisional Refusal of my international registration under Madrid system?

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You may file an appeal to the Provisional Refusal within 3 months from the date of notification. You need to involve a local agent for the appeal before NOIP.

     
How can I file a trademark application with NOIP?



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You can submit your trademark application to NOIP. If you are a foreigner (being an individual or a legal entity, e.g., a corporation), you need to involve a local agent for the filing and prosecution of your trademark application before NOIP.
     
What documents/information do I have to prepare for filing a trademark application in Vietnam?
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What should I expect after my trademark applicant is filed with NOIP?

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Your trademark application is subjected to formality examination, publication, and substantive examination.
     
How long does the trademark examination process take?




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Approximately, it takes 12 months for NOIP to complete the registration process. In particular:
+ Formality examination: within 1 month
+ Publication: within 2 months
+ Substantive examination: within 9 months
     
How long does a trademark registration last?

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A trademark registration lasts for 10 years and could be renewed for indefinite 10-year periods.
     
I have a registered trademark in Vietnam. Does it mean that I have rights over the domain name (.vn) in Vietnam?

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No, it does not. You need to register your domain names (.vn) with competent authority in Vietnam.

     
Do I have to use my registered trademark in Vietnam in order to keep the registration valid?

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It is not required for a holder of a trademark registration to use and file evidence of use with NOIP. However, a trademark registration is susceptible to a termination on a basis of nonuse for 5 consecutive years. 
     
Is registration necessary when I sell my registered trademark?

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Yes, it is necessary. Assignment of a trademark registration must be registered with NOIP to take effect.
     
Is registration necessary when I let someone else use my registered trademark?

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An unregistered license agreement is valid to the parties concerned; however, a license agreement needs to be registered with NOIP have effect to third parties.
     
What can I do when someone else uses my registered trademark for the same or related goods or services?




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Administrative and civil actions are available. You may:
(1) request an administrative authority (e.g., Market Management Agency) to take action against an trademark infringement; or
(2) initiate a lawsuit before a court.
You can request for an administrative action (to stop the infringement) and then file a lawsuit for the damages. 
Vietnamese authority will carry out investigation and criminal prosecution upon request of the holder of the infringed trademark.
     
What can I do when I want to prevent someone else from importing products bearing trademarks similar with my registered trademark in Vietnam? >>


You may record your trademark(s) with Customs authorities.

    FAQs are provided for general informational purposes only and may not be considered as advice or opinions in any circunstances or situations.