In Vietnam, many businesses today have not paid sufficient attention to trademark protection. Only when their trademarks would be infringed by other companies or competitors, they really concern to protect their trademarks and business to engage Trademark Registration Services in Vietnam for Vietnam trademark registration, trademark opposition or take further actions i.e. IP litigation. Such situation will negatively impact the business financially.
According to IP laws, trademark rights will be protected within the national territory, therefore when a trademark has been registered in Vietnam, it will be protected in Vietnam. If one company wishes their trademarks to be protected in other countries, it could:
-Directly register in each country or
-Register via the Madrid International registration by filing a single application which indicates the registrations at respective countries.
If registered under the Madrid International, firstly, trademarks must have been submitted trademark applications or have registered in Vietnam, depending on whether the country for protection is under the Madrid Protocol or the Madrid Agreement.
Law on Intellectual Property and its related documents could also be referred to for further information.
How to protect trademark in Vietnam?
To protect your trademark in Vietnam, you can do so through trademark registration services in Vietnam offered by intellectual property law firms or agents in Vietnam. Here’s a step-by-step guide on how to proceed:
Conduct a Trademark Search
Before filing for Vietnam trademark registration, it’s essential to conduct a comprehensive search to ensure that your desired trademark is not already registered or being used by another entity in Vietnam. This step helps avoid potential conflicts and rejections during the registration process.
Engage a Trademark Agent or Trademark Law Firm in Vietnam
It’s advisable to engage a reputable trademark agent or intellectual property law firm in Vietnam to assist you with the trademark registration services in Vietnam. They are experienced in navigating the local laws and procedures, which can be complex for someone unfamiliar with the Vietnamese legal system.
Prepare Trademark Application
Work with your chosen IP agent or law firm in Vietnam to prepare the trademark application. The application must include the necessary information and documentation, such as the trademark image or word mark, the list of goods or services the trademark will apply to (according to the Vietnam classification system), and proof of the applicant’s identity.
Submit the Application
The completed application must be submitted to the National Office of Intellectual Property (NOIP) in Vietnam. Your IP agent or law firm in Vietnam can handle this trademark registration services in Vietnam for you. After submission, you will receive an official filing receipt.
Examination Process
The NOIP will examine your trademark application to check for compliance with formal requirements and any potential conflicts with existing trademarks. They will also assess the distinctiveness of your trademark.
Publication
If the NOIP determines that your trademark meets all requirements, it will be published in the Official Gazette for a period of 2 months. During this time, third parties have the opportunity to file oppositions if they believe your trademark infringes on their rights.
Registration
If no opposition is filed or any oppositions are resolved in your favor, your trademark will be registered in Vietnam. The NOIP will issue a trademark registration certificate.
Enforcement and Renewal
Once your trademark is registered, it’s essential to monitor and enforce its use to prevent any unauthorized use or infringement. Trademarks in Vietnam are valid for ten years from the filing date and can be renewed indefinitely.
It’s important to note that the specific requirements and procedures may vary, and it’s crucial to follow the latest regulations from the NOIP or consult with an experienced trademark professional in Vietnam to ensure a smooth and successful registration process.
Our services in the field of trademark registration services in Vietnam
The IP and Trademark Registration Services in Vietnam cover:
-Look-up, assess and consult possibilities to register trademark in Vietnam and abroad;
-Represent clients in applying for certificates of trademark registration, record modification, extend degree of trademark protection in Vietnam and abroad;
-Evaluate the effectiveness of the certificate of Vietnam trademark registration and the possibility of trademark rights violation;
-Implement of the protected trademark rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;
-Negotiate, draft, evaluate and register the of changing trademark ownership in Vietnam and abroad;
-Advise on building strategies, brand development;
Trademark protections plays important roles in start-up business or matured business models because the financial benefits it brings or even it could make a business to close down in worst scenario.
About ANT Lawyers, IP Legal Service in Vietnam
At ANT Lawyers, an IP legal service Vietnam, we continuously strive to assist clients to protect its intangible assets of trademark through registration of trademark in Vietnam at early stage.
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
How ANT Lawyers Could Help Your Business?
You could learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529