FILING & REGISTRATION
1. What signs are not registered as trademark in Vietnam?
2. What industrial designs are unregistrable in Vietnam?
3. What inventions are unpatentable in Vietnam?
4. Who may file the application for trademark?
5. Is multi-class trademark application allowed in Vietnam?
7. Are the class headings acceptable in Vietnam?
9. Is a general power of attorney acceptable in Vietnam?
10. Does a power of attorney need to be notarized?
11. How long does it take to grant a trademark registration from the filing date?
12. How long does it take to grant a patent from the filing date?
13. How long does it take to grant a design patent from the filing date?
14. What documents and information are required for the trademark application in Vietnam?
15. What documents and information are required for design application?
16. Is it possible to file a trademark application in the name of an individual?
17. Will the advertising on e-commerce be considered as use evidence of trademark after registered?
18. Will the advertising on e-commerce be considered as use evidence of trademark after registered?
1. What signs are not registered as trademark in Vietnam?
That are the following signs:
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The common appellation of goods and/or services, belonging to any language, which is widely and commonly used; |
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Signs that have the character of describing the time, place, production processing, kind, quality, quantity, nature, component, purpose, value and origin of the goods and/or services; |
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Signs that cause misunderstanding with respect to the origin, function, utility, quality and value of the goods and/or services ; |
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Signs that are identical or similar to the seal of quality, the seal of inspection, the seal of warranty of Vietnam and foreign countries, as well as those of international organizations; |
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Signs, appellations, drawing and emblems that are identical or confusingly similar to the national flag, national emblem, portraits of national heroes, prominent and famous people, geographical denominations and the name of by the concerned competent authority or person; |
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Signs that are contrary to the law, public order or social morality. |
2. What industrial designs are unregistrable in Vietnam?
That are designs which are:
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Easily created by a specialist who has an average knowledge in the corresponding field; |
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Due to the technical characteristics of a product which must have or only bears these technical characteristics; |
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Of civil or industrial construction facilities; |
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Not visible in the course of usage; |
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Artistic works; |
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Contrary to public order and/or morality. |
3. What inventions are unpatentable in Vietnam?
That are:
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Discovery, scientific theory; |
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Methods and systems for economic organization, management, education, teaching and training; |
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Methods for the training of animals; |
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Systems in regard of linguistics, information, classifications and compiling of documentation; |
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Designs and planning schemes for construction works, projects for regional development and planning; |
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Solutions concerning the shape of articles of an aesthetic nature; |
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Conventional signs, timetables, rules and regulations and symbols; |
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Computer software, layout designs of integrated circuits, mathematical models, graphs and the like; |
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Plant or animal varieties or essentially biological process for the production of plants or animals, other than microorganic process; |
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Method for prevention, diagnostic and treatment of diseases in human, animal body. |
4. Who may file the application for trademark?
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Natural or legal persons or other entities legally engaged in production and/or services;
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As for collective marks, an applicant is the natural or legal person representing the collective of such natural or legal persons who abide by a common regime for the use of collective mark.
5. Is multi-class trademark application allowed in Vietnam?
Yes, allowed.
6. Are multiple class design applications or multiple design applications (per class) allowed in Vietnam?
No, except for multiple design applications per class that they are related to different products of one set used together or formed different embodiments of one design.
7. Are the class headings acceptable in Vietnam?
Yes, accepted.
8. Is it possible to file an amendment to designated goods and/or services when the trademark application is filed?
Yes, but not expand the range of designated goods and/or services
9. Is a general power of attorney acceptable in Vietnam?
Yes, accepted.
10. Does a power of attorney need to be notarized?
Yes.
11. How long does it take to grant a trademark registration from the filing date?
Average from 14 to 16 months in case of straightforward registration.
12. How long does it take to grant a patent from the filing date?
Average from 24 to 30 months if a request for substantive examination to be filed at the filing.
13. How long does it take to grant a design patent from the filing date?
Average from 14 to 16 months in case of straightforward registration.
14. What documents and information are required for the trademark application in Vietnam?
Documents required at the filing
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A Power of Attorney (POA) must be signed by the Applicant and public notarized (facsimile copy accepted at filing, original one must be submitted within 3 months)
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A clear black and white representation of the trademark which can be photocopied and must not exceed 8 centimeters both in length and in width. 20 color prints, if the trademark is required to be protected in color.
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A list of goods and /or services on which the application is to be applied.
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If you wish to claim a priority date for the filing of the application based on a prior application in a Convention country, a certified copy of the application filed in the Convention country is required.
Information
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Full name and registered address of the applicant |
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Translation of the wordmark into English, if the trademark is in a language other than English or French. |
15. What documents and information are required for design application?
Documents required at the filing
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A notarized Power of Attorney (facsimile copy accepted at filing, original one must be submitted within 3 months).
General Power of Attorney is acceptable for filing various industrial designs in the name of the same applicant at the different times
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Description of the industrial design, comprising of:
The Name of the industrial design;
The field in which the products bearing the industrial design is used;
Prior similar industrial designs already known (and photographs of these designs)
The differences between prior industrial designs and the industrial design under application
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Photographs or drawings of industrial design, six (6) sets, showing front, rear, right, left, top, bottom, and perspective views preferable of the design. All are at the same scale, but the dimension of representation should not be less than 90mm x 120mm and not exceed 210mm x 297mm.
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Notarized Inventorship Deed of Assignment from the creator(s) to the applicant(s), if creator(s) himself is not applicant, or a document justifying the right to apply (inheritance, employment contract, and service contract).
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Notarized Deed of Assignment of priority right if the applicant is not the applicant having filed the priority application.
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A certified copy of document certifying ownership to the trademark if the Industrial design contains a trademark.
Information
1. Full name, domicile and registered address of the Applicant.
2. Full name, domicile and registered address of the Creator(s).
3. Convention priority data.
16. Is it possible to file a trademark application in the name of an individual?
Yes, but with provided that he (individual) have been engaged in business activities in practice.
17. Will the advertising on e-commerce be considered as use evidence of trademark after registered?
No.
18. Is the use of trademark within continuous period of five years for avoiding eventual suspension action?
Yes, use is not required at the filing but the registered mark should be used by himself or by his licensee during a continuous period of five (5) years for avoiding suspension action by any third party.
