1、 Introduction to Vietnamese Trademarks

1. The former Republic of Vietnam (South Vietnam) and the Democratic Republic of Vietnam (North Vietnam) officially unified on July 2, 1976, forming the Socialist Republic of Vietnam. The implemented laws are the Trademark Law, which came into effect on December 14, 1982, and the Intellectual Property Protection Act, which was promulgated on February 11, 1989; And the government decree issued on October 24, 1996.

2. Vietnam adopts the principle of combining application first and use first for trademark registration. Accept registration applications for goods, trademarks, service trademarks, collective trademarks, and color trademarks.

3. Regarding product classification, Vietnam does not have an official classification system, and a product list can be attached when submitting a trademark application.

4. Vietnam has respectively joined the World Intellectual Property Organization, the Paris Convention for the Protection of Industrial Property, and the Madrid Agreement on the International Registration of Marks.

2、 Required documents for Vietnam application

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

3、 Vietnam Trademark Application Registration and Procedure

1. The applicant qualification began on March 20, 1992, and the trademark registration was based on the principle of prior application. The trademark application for use ended on March 20, 1993. After March 20, 1993, Vietnam abolished the principle of first use. If there is a conflict with prior rights, approve the provision of the most widely used trademark registration in the past. Natural persons or legal entities legally engaged in manufacturing, commercial or monthly activities can apply for registration.

2. Application process (smooth progress):

(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.

(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained. The applicant can apply for an extension by paying the extension fee. The trademark examiner may conditionally accept certain trademark registration applications and may require the applicant to waive the right to use a certain text or graphic in the trademark.

(3) Vietnam Trademark Announcement: After the trademark is examined, the applicant will be informed that the trademark application has been accepted and published in the trademark announcement. Anyone can raise objections within the 3-month announcement period, stating their reasons and submitting relevant evidence.

(4) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 18-24 months.

3. Validity period of Vietnamese trademark: 10 years from the date of application. If the trademark needs to be continued to be used after the expiration of the registration validity period, an application for renewal registration should be made 6 months before the expiration of the registration validity period. Each renewal registration is valid for 10 years.