Procedures for registration for trade protection

Trademark protection is an administrative procedure to establish brand ownership of an enterprise/individual through being granted a protection title for that brand by the National Office of Intellectual Property.

Trademark protection procedures

To better understand the regulations related to trademark protection procedures in Vietnam ( trademark registration procedures), within the scope of this article, AZLAW summarizes the process of trademark protection registration.

Before applying for trademark registration, you shall consult a trademark on the data of the National Office of Intellectual Property and the World Intellectual Property Organization to evaluate the possibility of granting a protection title for the registered trademark.

After looking up and evaluating the trademark capable of granting a protection title, the applicant proceeds to register for trademark protection according to the following steps:

Step 1: File a trademark registration application at the National Office of Intellectual Property

• Applicants for trademark protection can file at the National Office of Intellectual Property in Hanoi or the representative offices of the National Office of Intellectual Property in Da Nang and Ho Chi Minh city.
• After submitting the trademark registration application, the Department will issue an application number and record the filing date of the trademark.
• The application number and filing dates are the most important legal basis to determine the valid application and the priority date of the trademark application.
• The applicant will track the application process through the application number and filing date until receiving the trademark protection title.

Step 2: Verify the trademark application form

• The NOIP shall examine the application and issue a notice of the results of the formality of the application within one to two months.
• Formal examination of the application ensures that the application has been properly declared, identifies the correct group of registration, and the legal status of the application owner.
• A formal appraisal is not yet the basis to determine a granted trademark protection title.

Step 3: The NOIP publishes the application for trademark protection in the Official Gazette of the NOIP

Within 02 months from the results notification of the examination of valid applications, the NOIP must carry out the procedures for announcing the trademark registration applications in the Official Gazette of the NOIP.

Step 4: The National Office of Intellectual Property appraises the content of the trademark protection application

• The purpose of substantive examination of an application is to assess the protection ability of the object stated in the application under the protection conditions and determine the corresponding scope (volume) of protection.
• Time to appraise the content of the brand: 09-12 months.
• During the substantive examination of the application, the applicant has the right to amend the application.
• The NOIP may request the applicant to correct the application, supplement documents or give explanations.
• When amending an application, the time limit for substantive examination is extended in proportion to the time limit for the applicant to perform such tasks.

Step 5: Notify the results of the content assessment to grant or not grant a trademark protection title

• In case a protection title is granted, the applicant who pays the fee within about two months will receive the trademark protection title.
• In case the application is refused for granting a license, the applicant shall consider if it is not satisfactory to carry out the procedures to respond to the NOIP to discuss the possibility of the License granted.

Step 6: Pay the fee for granting a protection title

If the trademark is granted a protection title, the applicant shall pay a fee for the NOIP.

Step 7: The National Office of Intellectual Property issues a trademark protection title

Within 01-02 months from the date the application owner pays the fee, the National Office of Intellectual Property issues a protection title for the trademark.

Trademark protection records

• Trademark registration declaration: This document will be prepared by AZLAW.
• Brand template: You only need to send the image of the brand design.
• Information about the product group to be registered: You need to provide information about the product you intend to register for trademark protection, AZLAW will help you group it according to regulations.

Scope of trademark protection

• Each trademark registration application can register many products group and services according to the international classification of trademark registration (Nissan Classification).
• The fee calculation of registering for trademark protection is based on the group of registered goods and services. The more groups you register, or a group with many products and services, the higher the fee will be. Therefore, when registering for trademark protection, customers need to clearly define the scope of that brand for their products and services to minimize the costs incurred.
• After receiving the granted protection title, if the owner uses the trademark for new products or services, it must be registered by a new application. The applicant cannot declare the list of products and services in addition to the submitted application or the granted protection title.
• A company can register many different trademarks without any restrictions.
• After receiving the granted protection title, the brand owner must use the trademark for five consecutive years. If the owner does not use it, it may be asked by other subjects to terminate the validity of the protection title.

Some notes when registering for trademark protection

• It is advisable to check the status of use of the intended trademark before applying for protection. Searching to avoid infringing other people’s trademarks and wasting filing fees as well as waiting time for not being granted a protection title.
• You should register for trademark protection once starting your business to avoid infringing, stealing your brand.
• Although the time to grant a protection title is quite long, the brand owner needs to file a trademark registration application as soon as possible. All other applications will be rejected because your application has an earlier filing date.
• If you only register for one option, filing a protection application, you should choose the colour of the trademark to be black and white. When registering a black and white trademark, all basic colours will be protected during the future use of the trademark.
• Choose reputable trademark registration consulting firms such as AZLAW Law Firm. We have experts, experienced, qualified consultants to support. On the other hand, the application owner only needs to sign the application, track the application, explanation or respond will be monitored and processed by AZLAW.

For more information, please don’t hesitate to contact us via Hotline 0987.748.111 or email info@azlaw.com.vn