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Trademark

Summary
  1. Legislation: Decree No. 54/2000/ND-CP.
  2. Definition: A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. A sign includes words, logos, labels, names, letters, numbers or a combination of the above.
  3. Criteria:A trade mark has to fulfil the following conditions in order to claim protection:
    • it must be distinctive
    • it cannot be generic
    • it cannot be deceptively similar to a previous or existing trademark.
    • It cannot be a geographical name or surname.
    • It cannot be deceptive or confusing.
    • It cannot be scandalous or offensive.
    • it cannot have direct reference to the character or nature of the goods/services.
  4. Membership: √ – Paris Convention √ – Madrid Protocol Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to File” is the rule followed by Vietnam in determining priority of trademarks.
  6. Duration and Renewal: A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years for an unlimited period.
Procedure/Timeline
  1. Application Every applicant is required to submit an application to Vietnam Trademark Office.
  2. Examination Formal Examinations are conducted within 3 months from the filing date. Responses for amendments to application are made within 2 months from the date of request.
  3. Publication A trademark will after examination be published in the government gazette subject to the satisfaction of the registrar.
  4. Substantive Examination A substantive examination takes place 6 months from the date of publication.
  5. Registration On completion of the formalities a certificate of registration is granted. The duration of registration takes a minimum period of 12 months. The registration is effective from date of application.
Requirements
The following information and/or documents are required to file an application for a trademark application in Vietnam:-
  1. Application Form.
  2. Power of Attorney.
  3. Twelve (12) clear copy of the mark.
  4. A list of goods or services (which closely follow the Nice International Classification).
  5. The full name, nationality and registered address of the applicant.
  6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.
  7. For marks that contain non-English words, a certified transliteration and translation.
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Must be duly signed by the applicant A copy on filing date with the original to be submitted within one month
Image/ representation of the mark Not larger than 8x8cm On filing date
Additional Documents for Claiming Convention Priority (if applicable)
Documents Remarks Time of filing
Priority documents Certified A copy on filing date with the original to be submitted within one month
Documents for Filing a Request of Recordals of Assignments and Changes (if applicable)
Documents Remarks Time of filing
Power of Attorney Duly signed On filing date
The original Certificate of Trademark registration - On filing date
02 originals of the Trademark Assignment Agreement signed by both Assignor and Assignee. Duly signed On filing date
Declaration of Change of Name/Address or legal documents showing the change of name/address Notarized or certified On filing date
Documents for Filing an Opposition or Counter-Opposition (if applicable)
(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)
Documents Remarks Time of filing
A Power of Attorney (POA) Duly signed On filing date
Evidence of use of the mark in Vietnam (such as bill of lading, packages, advertising and/or promoting materials, brochures, photographs, etc.) - On filing date
Documents proving that the mark is well-known: – The countries where the mark is registered; - The countries where the mark is recognized as being well-known; - The value of the mark in business transactions, such as assignment, licensing, investment capital contribution, etc. - The estimated number of concerned consumers who may know the mark through buying, selling, or using the products or services bearing the mark, or through advertisement of the mark; - The countries where the products or services bearing the mark are circulated or provided; - The turnover from selling the products or supplying services bearing the mark, or number of products sold; - The duration of continuous use of the mark; If the trademark is well-known trademark On filing date
Downloadable Forms
Power of Attorney Download
Fees
* Fees are not inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Search 80 150
2. Filing Application (Up to 6 goods/services) Additional fee USD 13/- for each goods/services exceeding 6 132 357
3. Registration 103 260

Patent

Summary
In Vietnam, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application. Vietnam’s current patent rules make available three types of patent: (i) Patent for inventions; (ii) Patent for utility solutions; and (iii) Patent for industrial designs
  1. Legislation: Intellectual Property Law 50/2005
  2. Patentability Criteria: A Patent for invention has to satisfy the following criteria to claim protection
    • Novelty
    • Inventive Step
    • Industrial Applicability
  3. Non-Patentable Subject Matter:
    • plant or animal varieties;
    • method for prevention, diagnosis or treatment of diseases in human being,
    • animals or plants;
    • topographical design of integrated circuits and computer programs.
  4. Utility Solutions: Utility Solution is protected on the basis of Patent for Utility Solution. For A Utility Solution it is not required to have an inventive step as in case of Invention.
  5. Membership: √ – Paris Convention √ – PCT Vietnam is a member of the Paris Convention from 1949, whereby applications from convention countries will be subject to the same priority date in Vietnam. The application for priority has to be made within six months of the first application in a convention country. Vietnam is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Vietnam within 31 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
  6. Eligibility: Applicants not residing or carrying on business in Vietnam have to nominate a Vietnamese Patent agent to act on their behalf.
  7. Rule of Priority: “First to file” is the rule followed by Vietnam in determining priority of patents.
  8. Duration: A patent once registered is valid for a term of 20 years from the date of legitimate filing for Invention or 10 years for Utility Solution.
Requirements
The following information and/or documents are required to file an application for a patent in Vietnam:- Direct National Application
  1. Request for the grant of a patent:-
    1. the name, address and nationality of the applicant;
    2. the name, address and nationality of the inventor;
    3. title of the invention/utility solution;
    4. country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).
  2. Appointment of Patent Agent
  3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
  1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
  2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
  3. One copy of the PCT specification as originally filed (in or translated to English);
  4. One copy of any amendments filed in the international phase (in or translated to English);
  5. An Appointment of Agent form signed by the applicant; and
  6. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
Procedure/Timeline
  1. Filing of Patent Application Every applicant is required to an application to the registrar of patents within 12 months of priority date.
  2. Examination A Formal examination is conducted within one month of the date of issuance of the filing date. Responses for amendment for an application are made within 2 months from the date of request.
  3. Publication Publications for national applications are made within 19 months of the priority date and 2 months of the acceptance date in case of PCT applications.
  4. Substantive Examination A request for substantive examination has to be made within 42 months of the priority date. The duration of the substantive examination lasts for 12 months from the date of filing the request.
  5. Registration The duration of registration takes a minimum period of 21 months. The registration is effective from date of application.
Downloadable Forms
Power of Attorney Download
Documents
Basic Requirements
Documents Remarks Time of filing
Patent specification, claims and abstract in English Vietnamese translation of the specification, claims and abstract is also required at filing On filing date
Drawings Vietnamese translation of the drawings is also required at filing On filing date
Additional Documents for Convention Patent Application
Documents Remarks Time of filing
Priority documents Certified copy Within three months from the filing date
Power of Attorney Notarized Within one month from the filing date
Deed of Assignment Notarized -
Additional Documents for Entry of PCT National Phase in Malaysia
Documents Remarks Time of filing
Copy of the PCT request form - On filing date or later
Details of the PCT application - On filing date
International preliminary examination report According to the Vietnam patent law and regulations, the Vietnamese translation of the International preliminary examination report should be filed to the NOIP at the time of filing the Request for Examination On filing date
Notification of Recording of a Change - On filing date
International Search Report - On filing date
PCT specification as originally files Vietnamese translation of the PCT specification is also required at filing On filing date
Amendments file in the international phase Vietnamese translation of the amendment is also required at filing On filing date
Power of Attorney Notarized Within 34 months from the priority date
Fees
Patent Application *Fees are not inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing an Application with one independent claim - Each further independent claim - Each page in excess of 5 pages 19 12 1 135 15 3
2. Convention Priority - Each further independent claim 38 38 60 60
3. Request for Examination - Each additional claim 27 27 120 45
4. Publication of decision on grant 15 120
5. Recordal of granted patent in national register - Each additional claim 7 8 23 30
6. Translation (per 100 words) - 18
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
Grant Fee - Each additional claim 7 6 90 8
1st - 2nd year (each year) - Addition fee per claim 17 17 45 23
3rd to 4th year (each year) - Addition fee per claim (excess 10) 28 28 45 23
5th to 6th year - Addition fee per claim (excess 10) 45 45 60 30
7th to 8th year (each year) - Addition fee per claim (excess 10) 69 69 60 30
9th to 10th year (each year) - Addition fee per claim (excess 10) 103 103 90 45
11th to 13th year (each year) - Addition fee per claim (excess 10) 145 145 90 45
14th to 16th year (each year) - Addition fee per claim (excess 10) 189 189 90 45
17th to 20th year (each year) - Addition fee per claim (excess 10) 241 241 90 45

Industrial Design

Summary
  1. Legislation: Intellectual Property Law 50/2005; Ordinance No. 44/2002/PL-BUTVQH10; Decree No. 103/2006/ND-CP; Decree No. 105/2006/ND-CP; Decree No. 106/2006/ND-CP; Circular No. 01/2007/TT-BKHCN.
  2. Definition: Industrial design is appearance of a product expressed in shapes, lines, colors or any combination thereof.
  3. Criteria: An industrial design shall be eligible for protection if it is - new; - creative; and - industrial applicable.
  4. Rule of Priority: To enjoy priority right under Paris Convention, the Vietnamese industrial design application must be filed within 6 months from the earliest priority date.
  5. Duration and Renewal: Under Vietnamese IP law and regulations, patent for industrial design is valid for five years from filing date, renewable twice, each for five years. Payment of renewal fee should be paid within 6 months before the anniversary of the filing date.
Requirements
The following information and/or documents are required to file an application for an industrial design application in Vietnam:-
  1. Application form:
    1. Full name, address and nationality of the applicant;
    2. Full name, address and nationality of the inventor(s);
    3. Specification comprises a description of industrial design and claims for protection;
    4. Under Vietnam IP law and regulations, documents justifying the right to file industrial design application, such as Assignment Deed, Employment Agreement, or Inheritance document, is required However, in practice, such document is not requested to be submitted to the NOIP if the applicant of the Vietnamese application is a company and not different from the applicant of priority application.
  2. Power of Attorney.
  3. Six sets of representation of the design (drawings or photographs).
  4. Priority documents and certified English translation of the priority document.
Procedure/Timeline
  1. Application Every design application has to be filed with the National Office of Intellectual Property of Vietnam (NOIP).
  2. ExaminationA formal examination takes place within 1 month of the filing date. Responses for amendment to the application are made within 2 months from the date of request.
  3. Publication A design patent is published within 2 months of the acceptance date.
  4. Substantive Examination The duration of a substantive examination is 6 months from the date of publication.
  5. Registration Duration for obtaining Patent for Industrial Design from filing application to granting may vary from 9-11 months. The registration is effective from date of application.
Downloadable Forms
Power of AttorneyDownload
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Signed, no legalization/notarization requirement, to be translated to English (if applicable) Within one (1) month from the filing date.
Photographs/drawings Illustrating the front, rear, left, right, top, bottom and perspective views Fax copies of photographs/drawings are acceptable at filing, provided that the originals are submitted within one (1) month from the filing date
Description of Design and claims for protection. To be translated to English (if applicable) On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents Certified, to be translated to English language (if applicable). Priority data are acceptable at filing, provided that the certified copy of the priority document is submitted within 3 months from the filing date.
Fees
Application Fees *Fees are inclusive of 5% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing Application - Each additional design 45 42 120 150
2. Priority Claim 38 45
3. Publication - Each additional in excess of one 7 4 23 15
4. Publication of Grant and Certificate -Each drawing in excess of one 23 8 105 15