GENERAL INFORMATION

Types of marks

• Trademarks, service marks, collective marks, certification marks, associated marks, all referred as "Trademarks"

Conditions for trademark protection

• To be a visible sign in the form of letters, words, pictures, figures, including three-dimensional figures or a combination thereof, represented in one or more colors;
• To be capable of distinguishing goods or services of the mark owner from those of others.

Filling principle

• The "first to file" principle is applied for trademark protection in Vietnam;
• However, the "first to file" principle shall not apply to cases of well-known marks under the Paris Convention or those which have been widely used and recognized. In such cases, the priority will be given to the person who can prove that his trademark has been well-known or been widely used and recognized, without subject to the "first to file" principle.

Well-known marks

• Well-known marks are protected in Vietnam without subject to registration, under the Paris Convention of which Vietnam is a member. The following criteria shall be taken into account when considering whether or not a mark is well known:

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.

Priority

• Priority under the Paris Convention is applied in Vietnam, based on an earlier application for the same object filed in a foreign PC member country, or display of the same object in an officially recognized international exhibition held in Vietnam or a foreign PC member country;
• Priority under a bilateral agreement or the principle of reciprocity as to priority can also be applied.

Application and filing

• Each application can be filed for one trademark only. However, multi-class applications are possible in Vietnam, accordingly up to 45 classes of goods and services can be claimed under one application;
• The goods and/or services under the application must be classified according to the International Classification of Goods and Services under the Nice Agreement (currently the nice edition is applicable);
• For trademark applications claiming priority right under Paris Convention, the time limit for filing in Vietnam is 6 months from the filing date of the first filed application, or from the date the object was displayed at an exhibition;
• Trademark applications must be filed with the NOIP in Hanoi. Upon filling, the NOIP will return a Declaration for Trademark Application filed by the attorney, in which the filing number and filing date are clearly determined with the NOIP seal and signature;
• All applications of foreign applicants who are not resident or have not legal representative or real industrial/commercial establishment in Vietnam must be submitted through a licensed local IP agency like Tri Viet & Associates.

Protection term

• A Certificate of Trademark Registration shall be effective from the granting date and last for 10 years from the filing date, and can be renewed for indefinitely for each consecutive 10-year term.

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