Trademark Protection in Vietnam 

Publishing date: March 11, 2021

At present, there is no definition of brand in Vietnam; therefore, only trademark is subject to intellectual property rights protection in Vietnam. More specifically, in Vietnam, only trade names (legal entity names in Vietnamese, English and abbreviations) are protected. 

Trademarks may be traded or leased. Trademarks can be protected domestically or internationally. Under Article 785 of the Civil Code says, “Trademarks are signs used to distinguish goods and services of the same type of different manufacturers and providers. Trademarks may be words, images or their combinations, expressed in one or more colors”. 

A sign eligible to be registered should meet the standards set out by national trademark protection agencies and international ones. There are two main criteria to consider:
The trademark must be unique and/or allow a business to distinguish its products/services from other businesses.
The trademark does not describe products/services that may mislead or violate social order and social morality.

Who has the right to register the trademark protection?
 - Organizations or individuals conducting production, trading and supply of goods and services themselves. For example limited liability companies, joint-stock companies, joint ventures, private enterprises, individual business households;
 - A legally established collective organization has right to register trademark for use by members of such organization in accordance with the rules governing the use of collective trademarks. Example: Cooperative, Farmer’s Association, Association, or a Group of two or more businesses;
 - An organization having the function of controlling quality, characteristics and origin of goods has the right to register trademark protection provided that such organization does not conduct production and trading of such goods or services. For example the International Organization for Standardization (ISO), Vietnam Certification Centre (QUACERT), Vietnam Tea Association;
 - Foreign individuals and organizations shall file Application for Trademark Registration through the authorization entered into with Industrial Property Attorneys in Vietnam.

When is the trademark rejected to register?
All cases can be found in Article 73 of the Intellectual Property Law of Vietnam:
- Signs that are identical or confusingly similar to national flags or national emblems.
- Signs, flags, bearings, initials and full names of state agencies, political organizations and socio-political organizations of Vietnam, unless otherwise permitted.
 - Signs that are identical or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes, or celebrities in Vietnam or abroad.
 - Symbols that are confusingly similar to trademark of another successfully registered enterprise in Vietnam. This is one of the most common causes of failure to register a trademark protection.
 - Trademark registration may also be rejected in case of failure to comply with the law and social ethics, often arising due to cultural, regional or national differences.

Therefore, you should search on Vietnam Trademark Database to identify whether or not the Trademark intended to be registered is identical or confusingly similar to any trademarks of other parties registered for goods or services of the same kind. That will provide legal information on the relevant existing trademarks, thereby contributing to the increased likelihood of successful registration of the trademark protection in Vietnam and avoiding rejection after a long time of application (12-18 months).

Procedure to register the trademark
- Preparing documents related to legal entity, owner of the trademark.
- Preparing documents related to the trademark protection.
- Filing valid application documents.
- Receiving and responding feedbacks and requests from the National Office of Intellectual Property.
- Carrying out procedures for receiving a protection certificate.
- Carrying out procedures for renewal or adjustment in necessary cases.
The preparation of documents and the follow-up until obtaining the formal trademark protection certificate require qualified skills to minimize cost for travel, response and especially ensure the chance for trademark protection in Vietnam, considering that each application step may last from 3 to 18 months.

BKLaw will support you to protect the trademark and other intellectual property rights include searching, following up the dossier, representative to submit and receive the result, etc.

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