Vietnam

ELITE LAW FIRM: To increase the possibility of your trademark being granted a protection title in Vietnam, you need to pay attention to the following issues:

1. Trademarks may not consist solely of colors and must not be combined with textual or figurative signs.

2. Trademarks must not collect too many letters or words, making it impossible for customers to recognize and remember

3. The design of the mark must not be identical or similar to one of the objects within the scope of protection of the industrial property rights of others.

4. Trademarks must not be geometric shapes such as circles, ellipses, triangles, quadrilaterals... or simple drawings or marks that are drawings, images only used as backgrounds or lines to decorate products , packaging products.

5. Trademarks must not be drawings or images that are too complicated or complicated for consumers to perceive and remember.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi

ELITE LAW FIRM: When detecting that another organization or individual is illegally using their trademark or a mark similar to their own, the owner should have a solution to deal with it in a timely manner. There are many different ways for trademark owners to protect their rights and interests when the intellectual property rights of trademarks are infringed.

- Request to stop infringing acts: The trademark owner sends a written notice to the subject showing signs of infringement. In the document, it is necessary to show full information on the basis of arising, title, scope and term of protection. In particular, there should be content that sets a reasonable time limit for the infringer to stop his/her acts.

- Request a competent state agency to settle: The trademark owner requests the competent agency to take administrative handling measures against organizations and individuals that are infringing upon their trademark. The owner must file a claim and must have documents and proofs attached.

- Filing a suit in court or arbitration: The trademark owner will also submit the claim and documents and evidence proving the infringement to the court or arbitration.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi

ELITE LAW FIRM: Slogan is a short sentence containing a message that describes the nature of goods/services or conveys the values ​​​​that the brand brings to customers. Currently, the Vietnam Intellectual Property Law as well as other guiding documents do not have specific provisions on the protection of slogans.

Normally, slogans are often descriptive of goods/services, so they will not be protected separately and exclusively in trademarks. However, not all slogans are not protected. For slogans that are signs that can distinguish the goods/services of the owner and other individuals and organizations in the same or similar fields, as well as satisfy other protection conditions according to the provisions of trademark regulations can be fully protected as a trademark.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi

ELITE LAW FIRM: The fee payment process is divided into the following stages:

1. Fees for filing trademark registration:

• Filing fee: 150,000 VND (~ 6 $)

2. Fees for examination of trademark registration:

• Search fee for content: 180,000VND/01 class of goods/services (~7%)
• Search fee for the 7th goods/services onwards: 30,000VND /01 goods/service (~1$)
• Content examination fee: 550,000VND/01 class of goods/services (~22$)
• Content examination fee for the 7th goods/service onwards: 120,000VND/01 goods/service. (~5$)
• Fee for examination of priority claim: 600,000 VND/application/per request. (~25$)

3. Fees for publication and registration of trademark information:

• Application publication fee: 120,000VND (~5$)

4. Fee for granting a certificate

• The fee for publication of the decision on granting a protective certificate: is 120,000VND. (~5$)

5. Fees for using protection titles and granting trademark registration certificates

• Fee for using the protective certificate: for a trademark for each class of goods/services for 10 years, it is 700,000VND. (~29$)
• Fee for granting a certificate of trademark registration: 120,000VND (~5$) (for the first class of goods/services, from the second class of goods/services onwards: 100,000VND/class). (~4$)
• In addition, the fee for carrying out procedures for international registration of trademarks of Vietnamese origin (excluding fees payable to the International Office) is 2,000,000 VND. (~82$)

According to regulations, the validity duration of a Trademark Registration Certificate (TRC) issued by the National Office of Intellectual Property (NOIP) is 10 years from the filing date and renewable for unlimited times, each time of 10 years..

According to regulations, the validity duration of a Trademark Registration Certificate (TRC) issued by the National Office of Intellectual Property (NOIP) is 10 years from the filing date and renewable for unlimited times, each time of 10 years..

Please notice that, it is necessary to file an application to extend the validity of the TRC within 6 months at the NOIP before the expiration of the TRC.

The Law also allowed the owner of a TRC to file and renew it late within 6 months from the expiration date, provided that a fee for such late filing is paid.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi

ELITE LAW FIRM: Under current regulations, the trademark owner can modify a trademark application, however, such modification must not expand the scope of protection of the trademark. In case the trademark owner wants to add a new class of goods/services to your registered trademark application, he/she needs to proceed with the filing of another trademark application for the new class of goods/services with the same procedure as with the already filed trademark application.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi

ELITE: According to Vietnamese regulations, an industrial design patent can only be established on the basis of the decision to grant a protection title of the National Office of Intellectual Property of Vietnam, address: 384-386, Nguyen Trai Str.,Thanh Xuan., Hanoi, Vietnam.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi

ELITE: The procedure for registration of industrial design protection at the National Office of Intellectual Property of Vietnam (NOIP) according to regulations needs to go through several steps, including: filing an application, formal examination of the application, publication of the application, substantive examination of the application, making a decision on grant a protection title, paying the licensing fee and the NOIP granting an industrial design patent for a registration application that meets the protection requirements. Accordingly, the total time to carry out the procedures for industrial design registration according to the provisions of the current Vietnam Intellectual Property Law is 11 months.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi

ELITE:

02 application for registration of industrial design, (form);

01 Description of the industrial design (including all prescribed contents);

04 sets of photos/drawings of industrial design, each set includes 07 photos (taken/drawn according to regulations);

Proof of payment of application fees and charges (the normal filing fee for 1 design option with 07 images is VND 1,735,000;

Power of Attorney (form) - if the industrial property registration application is filed through an industrial property agency such as ELITE LAW FIRM

Documents evidencing the priority right (if the industrial design application contains a claim for enjoying the priority right).

Note: To ensure complete information storage, customers should prepare 02 dossier of application for industrial design patent, 01 set to be submitted to NOIP, 01 set for customers to keep.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi

ELITE:

Currently, the Institute of Intellectual Property Science under the Ministry of Science and Technology - the only public non-business unit in Vietnam - has the conditions to conduct industrial property assessment.

Address: 39 Tran Hung Dao Str., Hoan Kiem Dist., Hanoi, Vietnam

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi

ELITE: According to Vietnam Intellectual Property Law amended in 2022 (Article 96), invention, utility solution patent may be cancellated by the NoIP in the following:

1. a) A patent protection tile shall be entirely cancellated in the following cases:

(i) The registration application is filed contrary to the provsions on security control for inventions;

(ii) The invention registration application which are directly created based on genetic resources or traditional knowledge about genetic resources but do not disclose or incorrectly disclose the origin of genetic resources or traditional knowledge about the genetic resources contained in that application.

1. b) A patent protection tile shall be partly or entirely cancellated if entirely or partly of that protection tile fails to satisfy the provision on register rights, protection conditions, amended, supplemented tile, invention disclosed, first – to – filed principle, in the following cases:

(i) The registration applicant has neither had nor been assigned the right to register the invention by the person having the right to register.

(ii) An invention failed to satisfy the protection conditions;

(iii) Amendment or supplementation of an application for registration of industrial property expand the scope of the subject disclosed or stated in the registration application, change the nature of the subject for registration stated in the application;

(iv) The invention has not been publiced sufficiently and clearly for a person with average knowledge of the relevant technical field to do;

(v) The patented invention extends beyond the scope of disclosure in the original description of the registration application;

(vi) The invention does not satisfy the first filing principle of the IP Law.

According to Vietnamese regulations, if a patent/utility soluton is partly cancellated or entirely cancellated in those cases mentioned above, entirely or partly of the cancellated Patent/Utility solution patent will be unvalided from the grant date of the protection tile.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi

ELITE: According to the provisions of the Law on Intellectual Property (IP) of Vietnam, the owner of an industrial design patent has the right to use, let others use, prohibit others from using, assign and lease the right to use (Licensing) for his or her IP license (Article 123 of the Vietnam Intellectual Property Law).

Customers please note that, according to the provisions of the Vietnam IP Law, the industrial design patent assignment contract must be made in writing and registered at the NOIP to have legal effect.

A contract for the transfer of a Business Registration Certificate should contain the following main contents:

- Full name and address of assignor and assignee.

- Transfer basis.

- Transfer price.

- Rights and obligations of the assignor and assignee.

Regarding the procedure for registering an Industrial Design Transfer Contract at the NOIP, customers need to prepare a normal dossier set, including:

- 02 declarations for registration of transfer contracts (form);

- 01 original transfer contract with signatures and seals of the parties;

- 01 original valid industrial design patent;

- Proof of payment of fees and charges.

- 01 Power of Attorney (if submitted through an industrial property representative such as ELITE Law Firm).

The time limit for completing the procedures for registration and recognition of industrial design transfer contracts at NOIP is 02 months according to regulations. However, this time limit may be extended because the dossiers are not valid according to regulations or due to the overload of applications at the NOIP.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi

ELITE Law Firm: Currently, the provisions on trademark protection of Vietnam IP law as well as the guiding documents do not have specific provisions on the scope of protection of black and white and color trademarks.

When registering for color trademark protection, the trademark will be protected both the content and the color of the trademark. The owner can only use the trademark in the form of the registered color, if the color is not correct, it will violate the regulations on the use of the trademark. Trademarks registered for protection in the form of black and white are only protected for images and text, but not for colors. However, the practice of trademark protection in Vietnam allows a trademark registered in black and white to be used in different colors, as long as the text and image contents of the trademark are preserved and does not infringe the rights to a registered trademark.

If the trademark owner both wants to protect the trademark in color and wants to use multiple color schemes for the trademark, he/she should register both of the above options. If the owner wants to save costs in the process of trademark protection or choose between registering a color or black and white trademark, it is better to prioritize registering a trademark in black and white.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi

ELITE Law Firm: Procedures for registration of trademark protection at the National Office of Intellectual Property of Vietnam (NOIP) according to regulations need to go through several steps, including: filing application, formal examination, publish in the Official Gazette, substantive examination, notifying issue a decision on grant of a protected title, pay the granting fee if granted and the NOIP issues a Certificate of Trademark registration for an trademark registration application that meets the protection requirements. Accordingly, the total time to register a trademark in Vietnam is within 13 months.

However, in fact, this term may be extended because the application is denied in form or substance (not fundamentally different from the trademarks being protected) or due to overcrowding of applications.  In our experience, in order to shorten the time for trademark registration at the NOIP, customers should conduct a thorough search and assess the protectability of the trademarks before submitting the application for registration and application dossiers need to be completed in accordance with the prescribed form.

If you have questions or require consultant on how to register a trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

SETTLING INTELLECTUAL PROPERTY RIGHTS DISPUTES QUICKLY AND EFFECTIVELY

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECURELY

FOR DOING BUSINESS STRONGLY, DEVELOPING SUCCESSFULLY

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com/vi