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Trademark Protection in Vietnam I Trademark Protection in Laos
Trademark Protection in Cambodia I Trademark Protection in Myanmar
TRADEMARK PROTECTION IN VIETNAM
General Information I Trademark Procedures I Filing Requirements
Trademark Flow I Trademark Team I Trademark Search
FILING REQUIREMENTS
For registration of a trademark
+ Information
- Full name, address and nationality of the applicant;
- Description of the trademark: meanings, colors claimed and English translation and/or transliteration into Roman letters if the trademark comprises words not in English;
- List of goods/services to be covered by the trademark and class(es) of the respective goods/services according to the International Classification (if known);
- Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed, or
- P
lace where the trademark was exhibited, the name of the exhibition, and the date on which the trademark was first exhibited, for claiming exhibition priority (if any)
+ Documents
- Fifteen (15) specimens of the trademark, with a size not larger than 80mm x 80mm and not smaller than 15mm x 15mm;
- A Power of Attorney (Word file) (PDF file) from the applicant (a fax copy is acceptable at filing, provided that the original is submitted within 01 month from the filing date). Notarization and/ or Legalization are not required. General Power of Attorney is acceptable for filing various trademarks in the name of the same applicant;
- A certified copy of the document attesting to the legal existence of the entity, e.g. the Business Certificate, or the Certificate of Incorporation (required at filing; a fax copy is acceptable provided that the original is submitted within 01 month from the filing date);
- A certified copy of the earlier application plus the sworn English translation thereof if the application is not in English, or of the Exhibition Certificate (applicable where the Paris Convention Priority is claimed - required within 01 month from the filing date);
- A certified copy of the regulations concerning the use of the mark if the mark is a collective one (required at filing);
- Documents evidencing the origin or the prize(s) awarded, if the trademark contains such ones (required within 01 month from the filing date).
For renewal of a trademark registration
A notarized Power of Attorney (Word file) (PDF file) from the owner. Legalization is not necessary (required at filing);
The original Certificate of Trademark Registration (required at filing).
For recognition of a well known mark
- A Power of Attorney (Word file) (PDF file) from the Applicant. Notarization and/or legalization are not necessary (required at filing; a fax copy is acceptable at filing provided that the original is submitted within 01 month from the filing date);
- A certified copy of the Business Licence (required at filing);
- 12 samples of the mark to be recognized as being well-known (required at filing);
- Documents and information proving that the mark is well-known. They should include, but not limited to, those which clearly show:
i) The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.
ii) The territorial area in which goods or services bearing the mark are circulated.
iii) Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.
iv) Duration of continuous use of the mark.
v) Wide reputation of goods or services bearing the mark.
vi) Number of countries protecting the mark.
vii) Number of countries recognizing the mark as a well known mark.
viii) Assignment price, licensing price, or investment capital contribution value of the mark.
For recordal of an Assignment Agreement
+ Minimum-required contents of an Assignment Agreement
- The identity of the Assignor and Assignee (full name and address);
Details of the IP objects to be assigned (information on granted trademark registration);
Price of the assignment and term of payment;
Rights and obligations of each party;
Conditions for amendment, termination and invalidation of the Agreement;
Method for settlement of disputes;
Date and place of signing;
Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.
+ Documents required for recordal of an Assignment Agreement
- A notarized Power of Attorney (Word file) (PDF file) from the Assignee or Assignor. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
- The original Trademark Registration Certificate;
- A notarized copy of Business Licence/Investment Licence if the Assignee is a Vietnamese entity;
- Two original or certified copies of Assignment Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;
+ Notes
- The Assignment Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam.
- The request for recordal of the Assignment Agreement should be submitted within 60 days from the signing date.
- For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP.
- If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates
can provide translation service.
- The Assignment Agreement must be affixed with Corporate Seals or certified by Notary Public.
- A standard form of Assignment Agreement containing minimum-required provisions will be provided upon request.
For recordal of a License Agreement
+ Minimum-required contents of a License Agreement
- The identity of the Licensor and Licensee (full name and address);
- Details of the IP objects to be assigned (information on granted trademark registration);
- Scope of the License including: type of license (exclusive or non-exclusive); object(s) of license (Certificate of Trademark Registration); territory of license (Vietnamese territory or part thereof); term of license (within the term of validity of the corresponding Certificate of Trademark Registration). In case of a sub-license, the scope of the sub-license must fall within the scope of the corresponding exclusive license.
- Price of the License and term of payment;
- Rights and obligations of each party;
- Conditions for amendment, termination and invalidation of the Agreement;
- Method for settlement of disputes;
- Date and place of signing;
- Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.
+ Documents required for recordal of an License Agreement
- A notarized Power of Attorney (Word file) (PDF file) from the Licensor and Licensee. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
- A certified copy of the Trademark Registration Certificate;
- A copy of the Certificate of Recordal of the corresponding exclusive Agreement (if the Agreement to be approved is a sub-agreement);
- A notarized copy of Business Licence/Investment Licence of the Licensee (if the Licensee is a Vietnamese entity);
- Two original or certified copies of License Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;
+ Notes
- The License Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam.
- The request for recordal of the License Agreement should be submitted within 60 days from the signing date.
- For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP.
- If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates
can provide translation service.
- The License Agreement must be affixed with Corporate Seals or certified by Notary Public.
- A standard form of License Agreement containing minimum-required provisions will be provided upon request.
For recordal of chage of name and/or address
- A notarized Power of Attorney (Word file) (PDF file) from the Owner. No legalization is required (required at filing);
- A notarized Declaration on Change of Name and/or Address by the Owner, or a certified copy of Official Record on Change of Name and/or Address (required at filing);
- Original Certificate of Trademark Registration (required at filing).
For more information concerning trademark protection in Vietnam, please click to the desired section in the above menu, or contact us.
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