TRADEMARK PROCEDURES

Formality Examination

• All trademark applications will be subject to formality examination, which will take place within 01 months from the date at which all the required documents are completely filed (the date may be the filing date or the date of completely supplementing documents);
• During the formality examination stage, amendments or supplements to the filed application can be made, provided that they must not expand the scope (volume) of protection or change the nature of the subject;
• If the formality requirements are met, an official Notification of Acceptance will be issued by NOIP to applicant, in which official filing date, official filing number, name and address of applicant, priority date ... are clearly determined and certified. To the contrary, the NOIP will reject the application with a Notification of Refusal of Acceptance or, where appropriate, notify and request the applicant to rectify the deficiencies.

Publication of accepted application

• All trademark applications which have been accepted as to formality by NOIP will be published in Official IP Gazette, Volume A.

Substantive examination

• All trademark applications which have been accepted as to formality will be subject to substantive examination;
• During the substantive examination stage, amendments or additions can be made to the filed application, provided that they must not change the nature of the trademark, or extend the scope (volume) of protection claimed;
• Time limit for substantive examination is 9 months from the date of acceptance of the application.

Grant and publication of certificate

• Upon expiry of the substantive examination stage, if the trademark is found not to be registrable, a Notification of Substantive Examination Result will be issued by NOIP to the applicant for amendments or corrections. Time limit for responding to the NOIP action is within 2 months from the date of issue, failure to do so will result in officially rejection of the application with a Notification of Refusal of Granting Certificate issued by NOIP;
• If the trademark is found to be registrable, a Certificate of Trademark Registration will be granted under a Decision for Granting Certificate of Trademark Registration;
• All granted Certificate of Trademark Registration will be published in the IP Gazette, Volume B.

Renewal

For more information concerning trademark protection in Vietnam, please click to the desired section in the above menu or contact us.