Comparative Guides
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Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
Vietnam
The National Office of Intellectual Property of Vietnam (NOIP), an agency under the Ministry of Science and Technology, is responsible for receiving applications and granting trademark protection.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
Vietnam
The official fee for filing one trademark/one class/up to six items is $45.50; the fee for issuance of registration is $18.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.3
Does the trademark office use the Nice Classification scheme?
 
Vietnam
Yes. Vietnam applies the Nice Classification, 11th Edition.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
Vietnam
Yes, ‘class-wide’ applications are allowed without restriction, even if the trademark has not been used for the specific goods or services and a bona fide intent to use has not been confirmed; albeit that such applications must comply with the Nice Classification

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
Vietnam
No.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
Vietnam
Yes.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.7
What types of examinations does the trademark office perform other than relative examination?
 
Vietnam
Before examining a mark for both absolute and relative grounds for refusal, NOIP will check whether the mark complies with the formality standards (eg, applicant’s information, classification, payment of fees), which takes about one month.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
Vietnam
In addition to genericness, which has been not yet incorporated into the IP Law, other grounds for refusal include descriptiveness, misleading or deceptive nature, or other public policy reasons. Section 73(5) of the IP Law prohibitions registration of a mark which causes misunderstanding or confusion or which deceives consumers as to the origin, properties, use, quality, value or other characteristics of goods or services, a provision which may be interpreted broadly. Section 7 – which states that “the exercise of intellectual property rights must not infringe the interests of the State, the public interest or the legitimate rights and interests of other organizations and individuals, and must not breach other relevant provisions of law” – may further apply.

Registration of marks comprised of foreign words other than those in Latin characters – for example, in Chinese, Russian or Thai – is often refused, except where a transliteration is added thereto. However, a mark comprised of a surname may be registered, unless there is evidence that such surname lacks distinctiveness.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
Vietnam
There is no separate or supplemental register for descriptive marks. However, descriptive marks may still be accepted for registration if they have acquired distinctiveness through use before the trademark application is filed.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
Vietnam
A third party cannot object to registration (eg, through a letter of protest to NOIP) to registration of a mark before the application is published; it must await publication of the mark in Gazette A, confirming its formal acceptance by NOIP, before opposing it.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
Vietnam
No. However, a registered mark may be vulnerable to invalidation if a third party can show that it has not been used for a consecutive period of five years.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.12
How much time does it typically take from filing an application to the first office action?
 
Vietnam
If NOIP’s check for compliance with the formality standards reveals that the application has shortcomings or irregularities, an office action is usually issued within one month of filing. An office action at the stage of substantive examination may be issued within between 14 months and 20 months from the date of publication in Gazette A, depending on NOIP’s workload at the time.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
3.13
How much time does it typically take from filing an application to publication?
 
Vietnam
It typically takes about two to three months from filing of an application until publication of the application, where no office action is issued

For more information about this answer please contact: Le Quang Vinh from Bross and Partners