PLF Tutorials

LEGAL TUTORIALS FOR DOING BUSINESS IN VIETNAM

Trademark registration in Vietnam


Once granted a trademark protection title after registration, trademark holders will have the rights to exploit and protect their marks.

Right to register marks

All organizations or individuals have the right to register marks to be used for the goods they produce or the services they provide.

Organizations or individuals lawfully trading products produced by others have the right to register marks for such products, provided that the producers neither use such marks for their products nor object such registration.

For example: Big C Supermarket registered trademarks for their current selling confectionery brands, which were produced by other entities.
 

Trademark registration in Vietnam
 

Collective organizations have the right to register collective marks.

For example: The Luc Ngan Association of Farmers registered a collective mark for Luc Ngan lychees.

 Trademark registration in Vietnam
 

The registration of signs indicating geographical origins of goods or services and local specialties of Vietnam must be approved by competent state agencies.

For example: Buon Ma Thuot Coffee Association has been authorized by the People's Committee of Buon Ma Thuot City to register the trademark “BUON MA THUOT COFFEE”.

Trademark registration in Vietnam
 

Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services have the right to register certification marks, provided that they are not engaged in the production or trading of such goods or services.

For example: The People's Committee of Thua Thien Hue Province manages the certification mark ‘Bún Bò Huế’.

Trademark registration in Vietnam

Two or more organizations or individuals are entitled to jointly register a mark on the following conditions:

  • Such mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;
  • The use of such mark causes no confusion to consumers as to the origin of goods or services.

The registration right may be assigned to other organizations or individuals in the form of written contracts during the assessment process and approved by the National Office of Intellectual Property (NOIP).

For a mark protected in a country being a contracting party to a treaty to which the Socialist Republic of Vietnam is also a contracting party, no one shall be permitted to register such mark unless it is so agreed by the mark owner.

For example: A Vietnamese enterprise imports and distributes Japanese production equipment; the trademark of said equipment is protected in Japan. Both Japan and Vietnam are members of the Madrid Protocol.

Therefore, without the consent of the Japanese partner, the Vietnamese agency is not allowed to register for trademark protection in Vietnam.

Article 87 of the 2005 Law on Intellectual Property, amended in 2009
 

Procedures for processing trademark registration applications

Trademark registration in Vietnam

Article 108, 109, 110, and 119 of the 2005 Law on Intellectual Property, amended in 2009
 

Application of trademark registration

  • A declaration for registration of a mark.
  • Documents, samples, and information identifying the mark registered for protection.
  • Power of attorney, if the application is filed through a representative.
  • Documents evidencing the registration right, if such right is acquired by the applicant from another person.
  • Documents evidencing the priority right, if such right is claimed.
    • A copy of the first application(s) with a certified receipt;
    • A written transfer of the priority right if such right is inherited from another person.
  • Voucher of payment of filing fee.

Article 100 and 105 of the 2005 Law on Intellectual Property, amended in 2009
 

PLF is the Organization of Industrial Property Representation in Vietnam – an entity authorized by the National Office of Intellectual Property to act on behalf of individuals and enterprises to establish and enforce intellectual property rights.

Organizations and individuals seeking PLF’s assistance in trademark registration only need to provide the following information:

  • Information of the mark holder;
  • Documents, samples, and information identifying the mark registered for protection.

Documents in the trademark registration application must be in Vietnamese.

For consultation on trademark registration in Vietnam, kindly contact:

Procedures for setting up a wholly foreign-owned enterprise in VietnamPLF LAW FIRM

12th Floor, Ruby Tower,

81-85 Ham Nghi, District 1, Ho Chi Minh City, Vietnam

Tel: +8428 3821 2161 or +8428 3821 2162

Fax: +8428 3821 2165

Email: legal@plf.vn

Website: http://www.plf.vn

Working hours:

8h00 - 17h30 (UTC+7)

Mondays - Fridays

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