Registering a trademark in Vietnam is an essential step for any business or individual aiming to protect their brand and prevent unauthorized use by others. However, the trademark registration process can be complex and involves multiple steps that must be carefully followed. To successfully register a trademark in Vietnam, it is important to understand the search for availability, the required documentation for filing, the steps and practices of trademark examiners, how to respond to office actions, and the current protections for unconventional trademarks, such as sound and scent marks. Moreover, understanding the significance of disclaimers within the scope of trademark protection is crucial.

In this article, we will explore these key aspects of trademark registration in Vietnam to help you navigate the process confidently and ensure the best possible protection for your brand.

Trademark Registration Rights

The right to register a trademark belongs to organizations or individuals that produce goods or provide services. The Intellectual Property Law in 2005, specifically Article 87 (amended and supplemented in 2022), outlines these rights in detail.

1. Organizations or individuals that produce goods or provide services:

- Have the right to register trademarks for their own goods or services.

2. Organizations or individuals engaged in lawful commercial activities:

- May register a trademark for products produced by others but brought to market by them.

3. Legally recognized collective organizations:

- Have the right to register collective trademarks for members to use according to the organization's regulations.

- For signs indicating geographical origin, the registering entity must be a collective group of organizations or individuals engaged in production or business in that locality.

- For specific geographical names or signs indicating the origin of Vietnamese specialties, state approval is required.

4. Organizations responsible for controlling or certifying the quality, characteristics, or origin of goods and services:

- May register certification trademarks if they are not directly engaged in production or business.

- For geographical names or signs indicating the origin of Vietnamese specialties, state approval is required.

5. Co-ownership of trademarks:

- Two or more organizations or individuals may jointly register a trademark.

- Condition: The trademark must be used in the name of all co-owners or for goods/services produced or provided by all co-owners, without misleading consumers about the origin of the goods/services.

6. Transfer of trademark registration rights:

- Individuals with the right to register a trademark may transfer this right through contracts, inheritance, or legal succession.

- Condition: The transferee must meet the same conditions as the original right holder.

7. Restrictions on trademark registration by representatives or agents:

- Applies to trademarks protected in countries that are parties to international treaties prohibiting representatives or agents from registering trademarks without the owner's consent, to which Vietnam is also a party.

- Representatives or agents may not register the trademark without the owner's consent, unless there is a justifiable reason.

Conditions for Trademark Eligibility for Exclusive Protection

A sign used for distinguishing goods or services must be visible in the form of letters, words, drawings, images, including three-dimensional shapes or a combination of these elements, presented in one or more colors, or a sound sign represented graphically.

A visible sign can be protected as a trademark if it has the ability to distinguish and does not deceive consumers.

The sign must not conflict with previously established rights of others, such as trademarks, trade names, geographical indications, or industrial designs owned by other entities.

If the trademark is a sound, the trademark sample must be a sound file and a graphical representation of that sound.

The trademark must be described to clarify its constituent elements and its overall meaning (if applicable).

If the trademark contains words or phrases from ideographic languages, they must be transliterated.

If the trademark contains words or phrases in a language other than Vietnamese, they must be translated into Vietnamese.

See more: Vietnam Intellectual Property Representative Organization

Trademark Registration Services at NVCS Law Firm

Many people often wonder how to register a trademark quickly. If you find the trademark registration process too complex and time-consuming, you can turn to reputable legal consulting services at NVCS Law Firm. With years of experience in trademark registration, we are confident in meeting all customer requirements.

NVCS Law Firm not only addresses the challenges related to trademark registration but also assists clients with the following tasks:

• Providing complete legal and practical information necessary for the trademark registration process.
• Fully preparing the necessary procedures, completing the application, and submitting the trademark registration application on behalf of the business. Clients only need to provide the NVCS Law Firm with a power of attorney. We will handle all procedures and deliver the Trademark Registration Certificate issued by the Intellectual Property Office to the client.
• Monitoring the application and responding to any requests from the Intellectual Property Office.
• Advising and supporting clients with post-registration tasks, including procedures related to renewing protection certificates and strategies to protect the trademark.

If you are looking to register trademark ownership, don't hesitate to contact Apolat Legal for prompt consultation and support!

Lawyer: Mr. Tony

Phone: +84 919 195 939

Email: tuulawyer@nvcs.vn

Website: nvcs.vn