Flow of trademark registration each country(Vietnam)

Trademark Law of Vietnam was enacted in 2015. Some provision relating trademark is also included in the Intellectual Property Law enforced in 1st July, 2006.  The Intellectual Property Law was partially amended on 19th June, 2009 and entered into force on 1st January, 2010.  Since signing the Convention of Paris and Madrid Protocol, Vietnam has 3 options for application for trademark registration.   ①Register by the regular trademark application, ② Register by Madrid Protocol application, ③Register by a priority certificate under the Paris Convention (If it is within six months from the filing date in Japan).
Vietnam has a cancellation system because of disuse of the trademark for 5 years or more.

Flow of trademark registration

1. Application for trademark registration
2. Formality examination
3. Public notice
3. Public notice
4. Substantive examination
5. Registration certificate is approved
6. Registration

Necessary documents

  • Application

  • A letter of attorney to apply (If the applicant is not the resident of Vietnam, a local agent must be appointed.  Authentication to the letter of attorney is not required)

Summary

  • Time required for registration … time to obtain rights varies and it often takes time. And in some cases, it might take about 5-6 years from the filing date
  • Term of trademark right… 10 years from the filing date
  • Renewal … every 10 years
  • Affiliation to the Madrid Protocol… 11th July, 2006