The latest procedure for trademark protection registration

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Image 2. How long is the term of trademark protection?

According to current law, the National Office of Intellectual Property is the agency that receives and processes trademark protection applications in Vietnam.

The National Office of Intellectual Property in Hanoi:
Address: 384-386, Nguyen Trai Street, Thanh Xuan District, Hanoi City.
Representative office of the National Office of Intellectual Property in Ho Chi Minh City:

Address: 7th floor, Ha Phan building, number 17-19 Ton That Tung, Pham Ngu Lao ward, Dist 1, Ho Chi Minh city.

Representative office of the National Office of Intellectual Property in Da Nang city:

Address: 3rd floor, 135 Minh Mang street, Khue My ward, Ngu Hanh Son district, Da Nang city.

Thinh Tri Law is a representative organization performing services related to intellectual property. Therefore, all procedures for brand protection of customers only need to sign the Authorization (according to the form) and provide Thinh Tri Law with the following information:
- Form of trademark to be registered;
- List of products and services of the trademark expected to be registered.

Dossier to self-file a trademark registration application includes:
- Trademark registration registration declaration: includes 02 copies: 01 copy is kept by the National Office of Intellectual Property for carrying out the procedures, the remaining 01 copy is stamped and bar-coded and returned to the applicant.
- Trademark samples: Samples of trademarks submitted by application: 09 attached, in addition to 1 sample received by the application fee payment receipt (01 copy);
- Documentation proving the right to use.
- Other documents (if any).

After searching and evaluating the trademark capable of granting a protection title, the applicant shall register for trademark protection according to the provisions of Articles 108 to 119 of the Intellectual Property Law 2005, which can be summarized as follows:

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.
- After submitting the trademark registration application, the Department will issue an application number and at the same time record the filing date of the trademark.
- The application number and filing date are the most important legal basis for determining the valid application and priority date of the trademark application.
- The applicant will track the application process through the application number and filing date until the trademark is granted a protection certificate.

Step 2: Verify the form of the application for trademark protection
- The NOIP shall examine the application and issue a notice of the results of the formal examination of the valid application within 1 to 2 months.
- This is the basis for determining the trademark that is granted a protection title. Formal examination of the application ensures that the application is properly declared, identifies the correct registration group, and the applicant's legal status.
Step 3: The NOIP publishes the application for trademark protection in the Official Gazette of the NOIP
Within 02 months from the date of notification of the results of formal 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 to 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 actively amend the application.
- The NOIP may request the applicant to correct the application, supplement documents or give explanations.
Step 5: Announce the result of granting or not granting a trademark protection certificate.
- In case a protection certificate is granted, the applicant who pays the title granting fee within about 2 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 response procedures with the National Office of Intellectual Property to discuss the possibility of granting his or her degree.

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Here is Thinh Tri Law's advice on trademark protection registration procedures. Hope this information find you well. If you still have questions about other issues related to the field of intellectual property according to the latest laws, please contact us:

THINH TRI LAW FIRM

Hotline: 1800 6365

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