Trademark protection in Vietnam is initially obtained through trademark registration. Trademark is a sign that helps distinguish the goods or services of one enterprise from those of others. When the trademark is popular and economic benefits achieved through the sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

1. Applying for trademark registration:

To apply for trademark registration, dossier needs to have the following documents:

• Application form for trademark certificates registration (2 copies), trademark sample and list of goods and services bearing the trademark.
• A notarized copy of the ERC, IRC if the owner is an organization, the ID card or other equivalent papers of the individual owner;
• Power of attorney (if applying through a representative);
• Documents proving the right to register if the applicant enjoys the right to register from another person;
• Documents proving priority, if claiming priority;
• Copies of payment of fees and charges;
• For an application for registration of a collective trademark or certification trademark, in addition to the documents specified above, the application must also contain the following documents: regulations on use of collective marks and certification marks; explanation of particular characteristics and quality of the product bearing the trademark, map showing the indicated territory (if the to-be-registered mark is a mark for certification of the geographical origin of a product); Document of the People Committee of a province or city directly under the Central Government permitting the use of geographical names or signs indicating the geographical origin of local specialties to register a trademark.

a. Time limit for formality examination: 01 month from the date of application.

The National Office of Intellectual Property ("NOIP") will consider the application with eligibility in terms of form, label pattern, owner of the application, the right to file applications, subgroups, etc.

If the application satisfies the conditions, the NOIP will notify the acceptance of the valid application and publish it. In case of refusal, a written notification stating the reason shall be sent back and request the enterprise to amend.

b. Time limit for publication of trademark registration applications: 02 months from the date of receipt of the notice of acceptance of valid applications.

The content of publication of a mark registration application is information related to a valid application stated in the notice of acceptance of the valid application, trademark sample and attached list of goods and services.

c. Time limit for substantive examination: 09 months from the date of publication.

The NOIP examines the conditions for trademark registration, thereby evaluating the possibility of granting diplomas to the trademark registered by the enterprise. If the application is accepted, the NOIP shall issue a notice of intention to grant a trademark to the mark already registered by the enterprise.

In case of refusal, the NOIP issues a notice not to grant a certificate for the trademark registered by the enterprise.

d. Time limit for granting certificate: 02-03 months from the date of paying fees for granting certificate

After issuing a decision to grant a certificate, the enterprise pays fees for tripping and obtaining a trademark protection certificate.

An industrial property registration application shall be substantively examined within 09 months from the date of application publication.

2. Duration protection:

Trademarks are protected for 10 years from the date of application (priority date). Enterprises are allowed to extend their protection titles and not limit the number of extensions. Therefore, trademarks will be the property throughout the process of operation and business of the business.

By registration, the trademark owner can protect the right over his mark by preventing others from applying or using identical or similar marks in respect of identical or similar or related goods and services and thus reducing damages to the benefit and investment derived from the trademark that any third party may cause. Therefore, it is advised that the client engage professional law firm in Vietnam to assist with advisory and registration process. With the broad experience, Apolo Lawyers believes to provide the client with a smooth process to obtain a trademark certificate in the shortest time.

More information can be found on the website: www.apolo.com.vn

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