If a trademark is granted a Certificate of Trademark Registration by the National Office of Intellectual Property, this mark is protected throughout the territory of Vietnam for 10 years from the date of applying. However, many Vietnamese businesses need to protect their trademarks in the international market. Therefore, Hong Bang Law would like to advise on the procedure for international registration of trademarks of Vietnamese origin as follows:

Legal basis

• Intellectual property law
• Circular 01/2007/TT-BKHCN-Guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006, of the Government detailing and guiding the implementation of several articles of the Intellectual Property Law intellectual property rights;
• Circular 263/2016/TT-BTC-Regulating the collection rate, mode of collection, payment, management, and use of industrial property fees and charges;
• Circular 18/2011/TT-BKHCN- Amending and supplementing several provisions of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, as amended and supplemented under Circular No. 13/2010 /TT-BKHCN dated July 31, 2010, and Circular No. 01/2008/TT-BKHCN dated February 25, 2008, amended and supplemented according to Circular No. 04/2009/TT-BKHCN dated March 27/ 2009;
• Decree 103/2006/ND-CP-Detailing and guiding the implementation of several articles of the Intellectual Property Law on industrial property;
• Circular 13/2010/TT-BKHCN- Amending and supplementing several provisions of Circular No. 17/2009/TT-BKHCN dated June 18, 2009, and Circular No. 01/2007/TT-BKHCN dated June 14/ 02/2007;
• Circular 05/2013/TT-BKHCN- Amending and supplementing some articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP detailing several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT-BKHCN dated July 30, 2010, and Circular No. 18/2011/TT – BKHCN dated 22/7/2011;
• Circular 16/2016/TT-BKHCN-Circular Amending and supplementing some articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND- The Government’s CP dated September 22, 2006 details and guides the implementation of several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT- BKHCN dated July 30, 2010, Circular No. 18/2011/TT-BKHCN dated July 22, 2011, and Circular No. 05/2013/TT-BKHCN dated February 20, 2013;

Condition(s)

• An application for international registration of a mark designating the country to be protected as a member of the Madrid Agreement and not designating any country as a party to the Madrid Protocol must be made in French.
• An application for international registration of a mark designating at least one country that is a member of the Madrid Protocol, including at the same time designating a country that is a member of the Madrid Agreement, must be made in English or French.
• Persons who have filed a trademark registration application in Vietnam and who have been granted a Trademark Registration Certificate in Vietnam have the right to international registration of the respective mark under the Madrid system.

Procedures

Applications can be submitted in person or by post to the NOIP’s headquarters in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh and Da Nang.

The dossiers

• Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property)
• International trademark registration application form (C.06 DKQT label originating in Vietnam)
• Sample trademark and list of goods and services bearing the mark.

The competent

Department of Intellectual Property – Ministry of Science and Technology

Time

The Department of Intellectual Property shall transfer the international application for trademark International Bureau within 30 days of receipt of a valid document prescribed.

Our services

• Consulting on all kinds of procedures for customers;
• Drafting, preparing, and checking the validity of dossiers;
• Working with state agencies;
• Receive results on behalf of clients;
• Handing over the results to the client.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace, and success!

Best regards!