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A trademark is a mark used for differentiate goods or services of an individual or an organization from ones of other individuals or organizations. The mark used for differentiating must be seen as characters, words, paintings, images, even 3d images or the combine version of all these elements. The mark which can be legal protected as a lable must be able to be differentiated, must not fool consumers and must not conflict with others which has been legal protected since earlier.
According to Intellectial Property Law 2005, rights related to a trademark are established on the basis of decisions to grant a protection title or to recognize the international registration of National Office of Intellectual Property of Vietnam (except for famous brands). Companies, organizations, individuals in Vietnam who would like to have rights related to a trademark must directly prepare an application for protection tiles and submit it to National Office of Intellectual Property of Vietnam or authorize a representative intellectual property organization such as the Vietnam National Law Consultancy Company to do the works.
Registering your trademark is neccessary for companies to legally protect your own trademark. This is one of the most important steps when doing branding in the future.
In case you would like to authorize us to represent you to work, let's check out the procedures at the Vietnam National Law Consultancy Company.
THE PROCEDURES AT THE VIETNAM NATIONAL LAW CONSULTANCY COMPANY
Step 1: Receiving information from a customer and proceeding to sign a service contract
→ The customer can send us the completely-designed trademark accompanied by information of his/her company, then The Vietnam National Law Consultancy Company will prepare a service contract for signing.
Step 2: Analyzing and Assessing the Trademark
After the service contract is signed, the Vietnam National Law Consultancy Company will send the trademark to National Office of Intellectual Property of Vietnam (NOIP) to be analyzed and assessed for its abillity of trademark protection registration before submitting the documents.
Time for the analyzis and assessment to be completed: 3 working days.
Note: According to what is provided from Intellectual Property Law, this step is not required, however, it will help the customer certify that their whether the trademark is same to any registered trademark. The result of the trademark analysis and assessment done by the National Office of Intellectual Property of Vietnam will be the basis of future decisions.
There are 2 cases for the result of the trademark analysis and assessment:
- Case A: The result proves that the trademark meets the requirements of the National Office of Intellectual Property of Vietnam and is able to to be registered. Then The Vietnam National Law Consultancy Company will proceed to further steps in order to complete the registration.
- Case B: The result proves that the trademark doesn't meet the requirements of the National Office of Intellectual Property of Vietnam because it is similar to another one which has been registered already. Then The Vietnam National Law will consult the customer to take one of 2 solutions:
→ Solution 1: Edit the trademark and send the edited version to be analyzed and assessed again.
→ Solution 2: If the customer doesn't want to edit the trademark, the Vietnam National Law Consultancy Company will proceed to register the mark and guarantee to get the written approval in terms of formality. In case the trademark is denied in the future, the Vietnam National Law Consultancy Company will support the customer to exlpain to National Office of Intellectual Property of Vietnam.
Step 3: Preparing relevent documents and submit them
After reaching an agreement in the use of the trademark, The Vietnam National Law Consultancy Company will prepare relevent documents and submit them to National Office of Intellectual Property of Vietnam to register the trademark.
The submission might take one day after the documents are signed by customer.
Step 4: Tracking the handling process of the National Office of Intellectual Property of Vietnam and take care of any problem incurred during the process.
From 30 to 45 working days, the customer will receive the written approval in terms of formality and priority day.
After next 18 working monhts, the customer will receive the certificate of trademark registration.
THE PROCEDURES AT NATIONAL OFFICE OF INTELLECTUAL PROPERTY OF VIETNAM (NOIP Vietnam)
The application for trademark protection registration will be handle with the following procedures:
1. Assessing the formality
It is an assessment of the validity of application under the basis of formality, excluded objects, submission right... Based on the result of the assessment, NOIP Vietnam will make a conclusion whether the application is valid or not. The assessment takes 1 month after the submission.
2. Announcing the validity of the application:
The application for trademark protection registration which is valid will be then published on Industrilal Property Gazette with in 2 months. The content of the publishment will be informations related to the valid application written on the annoucement of validity application, the trademark design, the list of goods and accompanied services.
3. Assessing the content:
The content of the application which is consider valid will be assessed for its possibility of granting a certificate of trademark registration. The assessment takes 9 month after the publishment.
If you have any inquiries or would like to request for further information, please contact us by calling or sending us an email. We will attend to your request as soon as possible.
The Vietnam National Law Consultancy Company - The leading and highly recommended business law firm in Vietnam.
HO CHI MINH CITY OFFICE
*District 1 Office:
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Address: No.85 Hoang Sa Street, Da Kao Ward, District 1, Ho Chi Minh city, Vietnam.
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Hours of Operation: Monday - Friday from 08:00 - 17:00 ( 8:00 AM - 5:00 PM )
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Telephone: (028) 38 20 2929 (20 Line)
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Hotline: 0948 68 2349
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Email: vanphonghcm@quocluat.vn
HA NOI CITY OFFICE
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Address: The building of Agricultural Garment Co. No. 1/12 Truong Chinh Street, Phuong Mai Ward, Dong Da District, Hanoi city, Vietnam.
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Hours of Operation: Monday - Friday from 08:00 - 17:00 ( 8:00 AM - 5:00 PM )
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Telephone: (028) 38 20 2929 (20 Line)
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Hotline: 0948 68 2349
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Email: vanphonghn@quocluat.vn
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