The trade mark system operates in a similar way to European countries, protecting symbols, colours and other visual devices used to identify a business’ products or services, now including three-dimensional objects.
Trade names also constitute a form of industrial property in Vietnam, with rights established through their use rather than under a formal registration system.
Domain names are allocated on a first come, first served basis so must be registered to avoid ‘cybersquatting’ by abusers.
Registration takes up to 15 months (13 months in theory) and a trade mark is valid for ten years, after which it may be renewed indefinitely for further ten-year periods.
Registration of industrial property rights (patents, utility solutions, industrial designs, trade marks, etc) can be made with NOIP, which is a subsidiary organisation of the Ministry of Science and Technology.
In particular, HTIC IP practice offers client services as following:
- Trademark Availability Searches
- Trademark Watch Service
- Trademark Filings & Trademark Registrations
- Renewals
- Recordals of Amendments, Assignments, Merger Agreements, Licences
- Filing Opposition & Responses
Our trademark attorneys in Vietnam will process client’s trademark registration by carrying out the following steps:
- Providing our clients with cost estimates for searching and filing applications
- Conducting comprehensive clearance searches including analysis about registration of the required trademarks and providing advice on the most appropriate and cost-effective method to obtain a clearance
- Preparing and filing trademark applications, including obtaining appropriate legalization of documents and translations (if applicable)
- Responding to objections raised by Registrars and potential third party oppositions
- Negotiating settlement agreements when necessary to overcome prior marks
- Obtaining a Certificate of Trademark Registration once your trademark is approved
- Recording changes in name and address of proprietor, assignments, licenses and renewals of trademarks
- Providing solutions for trademark protection in Vietnam.