Trademark Quick Facts


Trademark

Visual sign (mark) distinguishing goods/services of one provider from that of others

3-D mark

Yes

Certification Mark

Yes

Collective Mark

Yes

Associated Mark

Yes
> identical or confusingly similar trademarks registered in the name of a registrant for similar, related goods/services or goods/services of one type
> no standalone legal status
> taken into consideration in examination of assignment of a registered trademark)
Well-known Mark

Yes (case-by-case recognition)

Sound, touch, scent marks

No

Protection Duration

10 years from date of application or priority

Protection Criteria

Capable of distinguishing goods and/or services

Renewal

> 10 years each
> No limit on renewals
> Renewal fee
> Use fee (10 years)

Priority Claim

Paris convention (6 months)

WTO Membership

Yes

Classification of goods/services

> Nice (11th)
> Nice class headings are not acceptable
> Goods/ services from NICE List of goods/ services are recommended although not always or automatically accepted

Application

> First-to-File
> 1 application for 1 mark
> 1 application for one or multiple classes

Filing Requirement
(Basic)

> Trademark specimen
> List of goods/ services
> Power of attorney signed by Applicant (neither notarization nor legalization is required)

International Application

> Madrid Agreement
> Madrid Protocol
> 12 months for substantive examination by the IPO of Vietnam
> A response shall be filed within 3 months against a Provisional refusal by the IPO of Vietnam

Examination Process
1. Filing an Application with the Vietnam IPO

2. Formal Examination
> Outcome: decision on acceptance of an application as to formality

3. Application Publication
(Opposition is possible after application publication up to grant/refusal decision)

4. Substantive Examination
> Outcome: grant/refusal decision

General Information


IPRs in Vietnam

> Patent (The Intellectual Property Office of Vietnam – ‘IPO of Vietnam’)
> Design (The IPO of Vietnam)
> Trademark (The IPO of Vietnam)
> Geographical Indication (state-owned, The IPO of Vietnam)
> Design of IC (The IPO of Vietnam, no substantive examination)
> Trade Secret (No registration required nor available)
> Trade Name (No registration required nor available)
> Protection Against Unfair Competition, IPRs-related (No registration required nor available)
> Copyright & Related Rights (No registration required yet available and advisable at the Copyright Office of Vietnam – Ministry of Culture and Information)
> New Plant Variety (The Plant Variety Protection Office – Ministry of Agriculture and Rural Development)

Main Domestic Law

> Civil Code
> Penal Code
> Law on Intellectual Property 2015, amended.
> Various Decrees and Circulars
 
International Treaties

Madrid Agreement
(June 25, 1939)
 
Trademark
 
Paris Convention
(March 8, 1949)

 
Industrial property

 
WIPO Convention
(July 2, 1976)

Establishment of WIPO
 
Patent Cooperation Treaty
(March 10, 1993)

Patent
 
 
Berne Convention
(October 26, 2004)

Protection of literary and artistic works
 
Phonograms Convention
(July 6, 2005)

Protection of of phonogram’s producers
 
 
Brussels Convention
(January 12, 2006)

Prevention of the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite
 
Madrid Protocol
(July 11, 2006)

Trademark
 
 
UPOV Convention
(December 24, 2006)

Protection of New Varieties of Plants
 
 
WTO
(January 11, 2007)

Intellectual property related

 
 
Rome Convention
(March 1, 2007)

Protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations