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Tra & Associates
Hanoi, Vietnam (VN)
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Tri Viet & Associates
Hanoi, Vietnam (VN)
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Ho Chi Minh, Vietnam (VN)
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Vietnam (VN)

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01-11-2017 (Newsletter Issue 1/17)
Official Fees Increased
The Ministry of Finance of Vietnam has issued a Circular (No. 263/2016/TT-BTC) stipulating the official fees to be collected by the National Office of Intellectual Property of Vietnam (NOIP) for industrial property-related activities with effect from January 1, 2017. These fees will apply to patent, utility solution, industrial design, trademark, geographical indication and integrated circuit layout design applications received by the NOIP.

As of January 1, 2017, the official fee for filing a trademark application is VND 1,000,000 for one class for up to 6 items of goods/services. Each further class in the same application is VND 880,000 and each extra item of goods/services exceeding 6th is VND 170,000. The fee for registration is VND 120,000 and the fee for publication is VND 240,000 (for one class for up to 6 items of goods/services).

Source: Spruson & Ferguson, Singapore and Daitin & Associates Co., Vietnam


06-04-2010 (Newsletter Issue 11/10)
New Law on Trade Names Passed
The Vietnamese government has passed a new law to regulate the company registration procedure and prohibit a company from using, as its name, a trade name, trademark and/or geographic indication belonging to another entity.

The new law, which also includes a new mechanism to resolve trade name disputes, is effective 1st June 2010.


Source: www.pham.com.vn

12-07-2009 (Newsletter Issue 1/09)
Official Fees Increased
On June 19th, 2009, the National Assembly of Vietnam passed the Law on amendment to a number of articles of the Law on Intellectual Property (Law 2009). Law 2009 will come into effect from January 1st 2010. There were several changes to copyright and related rights.

With regard to industrial property rights, the Law 2009 clarifies the "first to file" principle: In Law 2005, there was no clear guideline on what to do when one person submits more than one application for the same invention; or registers several marks that are identical or similar to the extent there might be confusion when they are used for identical or similar products or services. This matter is settled by Law 2009. Accordingly, if several registration applications are submitted by one person in order to register identical marks used for identical products or services, a protection title shall be granted based on the valid application with the earliest priority or filing date among the applications which satisfy all conditions for the grant of a protection title.

Law 2009 states that administrative penalties may be applied upon the occurrence of acts of infringement of intellectual property rights which cause damages to the author or the holder of intellectual property rights (or customers of the community); the notification to defaulting party is no longer required (Article 211.1.b).

To protect domestic providers of intellectual property representation, Law 2009 affirms that foreign law firms practicing in Vietnam are prohibited from providing these services. Law 2009 also requires more conditions applied to organizations providing intellectual property assessment services and individuals practicing intellectual property assessment (Article 154.1).



Legal basis is the Intellectual Property Law 2005, in force since July 1, 2006, as revised under the Law No. 36/2009/QH12, in force since January 1st, 2010.
All trademarks registered in South Vietnam before April 30th, 1975, are not protected in present Vietnam.
Vietnam is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms and any combination of the mentioned signs. Slogans are registrable as trade marks in Vietnam provided they are distinctive either inherently or upon proof of acquired distinctiveness.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names.
The application is filed at the National Office of Intellectual Property.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A power of attorney is necessary.
Notarisation and/or legalisation of PoA is no longer required.
Foreign applicants do not need a domestic registration.
Vietnam follows the "first-to-file" principle.
The application for trademark registration will undergo following steps: a formality examination will be done within one month from the filing date. If the application is accepted as to the formalities, the application data will be published in the Official Gazette of Industrial Property. This shall be done within two months from the date of acceptance as to formality. Within the following 9 months, the application will undergo a substantive examination as to make a decision of refusal or grant of the protection by the trademark office. During this time, any third party may file an official opposition. On average, the time frame for obtaining trademark registration in smooth cases is approx. 12 months from the date of filing.
After grant of Trademark Registration Certificate, the mark shall be published in the gazette.
National:
Applications may be opposed at any time after the publication date and before issuance of the registration certificate.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has not been used later for 5 consecutive years, cancellation actions may be filed. If a mark has not been used for 5 years and no cancellation action is taken against it, then, in principle, the mark is protected.

Further practical details are available in our publication on this topic here
As of January 1, 2017, the official fee for filing a trademark application is VND 1,000,000 for one class for up to 6 items of goods/services. Each further class in the same application is VND 880,000 and each extra item of goods/services exceeding 6th is VND 170,000. The fee for registration is VND 120,000 and the fee for publication is VND 240,000 (for one class for up to 6 items of goods/services).

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 330,00 € 280,00 € 
Word Mark Search (identical) 300,00 € 250,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
12-12-2016
Daitin & Associates Co., Ltd., Ho Chi Minh, Vietnam

06-25-2013
Vision & Associates , Hanoi, Vietnam

06-29-2011
Pham & Associates, Hanoi, Vietnam
Russin & Vecchi, Ho Chi Minh City, Vietnam



Tra & Associates

7 Van Mieu
10000 Hanoi
Vietnam (VN)

Tri Viet & Associates

No. 372, Cau Giay Street, Cau Giay District
100000 Hanoi
Vietnam (VN)

Daitin & Associates Co., Ltd.

19 Hoang Dieu Str., Ward 12, District 4
084 Ho Chi Minh
Vietnam (VN)

National Office of Industrial Property of Vietnam (NOIP)
384 - 386 Nguyen Trai Street
Thanh Xuan
Hanoi
Vietnam
Tel +84 4 85 83 069
Fax +84 4 85 84 002
Mail congnghethongtin@noip.gov.vn, vietnamipo@noip.gov.vn
www.noip.gov.vn

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int