Overview of Vietnam Trademark Registration Procedures

Vietnam's Law on Intellectual Property, promulgated on November 29, 2005, and amended several times, provides the legal framework for trademark protection.

Subject of Protection

A trademark refers to any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for trademark registration in Vietnam must consist of elements such as letters, numbers, words, images, pictures (including three-dimensional images), sounds, or their combinations.

The following signs cannot be protected as trademarks in Vietnam:

• Signs identical or confusingly similar to the national flag or emblem.
• Signs identical or confusingly similar to the symbols, flags, emblems, abbreviations, or full names of Vietnamese state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, professional social organizations, or international organizations, unless permitted by such agencies or organizations.
• Signs identical or confusingly similar to the real names, pseudonyms, pen names, or images of Vietnamese or foreign leaders, national heroes, or celebrities.
• Signs identical or confusingly similar to seals, stamps, or certification marks of international organizations, unless such marks are registered as certification marks by these organizations.
• Signs that mislead, confuse, or deceive consumers regarding the origin, characteristics, intended use, quality, value, or other attributes of goods or services.

Protection Period

The protection period for trademarks in Vietnam is 10 years from the date of grant. The trademark can be renewed for another 10 years, with no limit on the number of renewals. Renewal applications can be submitted within 6 months before the expiration date, with a grace period of 6 months, during which a corresponding fee must be paid. After the grace period, the trademark cannot be restored.

Detailed Vietnam Trademark Registration Process

The trademark registration process in Vietnam primarily includes the following stages:

Application Submission Stage

Natural persons, legal entities, or other organizations can file trademark registration applications with the National Office of Intellectual Property (NOIP).

Formal Examination Stage

Within 1 month of receiving the trademark application, NOIP conducts a formal examination to assess the validity of the submitted documents and the completeness of the procedures.

Publication Stage

Within 2 months of passing the formal examination, the trademark application is published in the **Vietnam Industrial Property Gazette** to solicit third-party opinions. According to Article 112 of Vietnam's **Law on Intellectual Property**, any third party may submit opinions during the period from the publication of the industrial property (including trademarks) to the issuance of NOIP's decision to grant industrial property rights. 

Under the parallel mechanism, the third-party opinion system will continue to apply. Submission of such opinions does not require official fees and serves only as a reference during NOIP's examination process. If the opposing party wishes to file a formal trademark opposition, they must submit their opposition application within 5 months of the publication date and pay the required fees under the opposition system.

Reasons for trademark opposition in Vietnam include the following: the opposed trademark does not meet the conditions for protection, the applicant maliciously applied for the trademark, or there are disputes regarding priority rights. After the opposition application and evidence are submitted to NOIP, NOIP will issue a notice of acceptance and notify the opposed party to submit a response. After the opposed party submits their response materials, NOIP will forward them to the opposing party for rebuttal. Finally, NOIP will review the materials submitted by both parties and issue a decision on the opposition.

Substantive Examination Stage

NOIP examiners must conduct substantive examination of the trademark application within 6 months of the trademark publication date. The substantive examination includes an assessment of the trademark's distinctiveness and scope of protection. Similar to formal examination, if the applicant proactively or upon NOIP's request corrects, supplements documents, or provides explanations during the substantive examination, the examination period may be extended accordingly.

Approval and Certification Stage

After passing the substantive examination, NOIP must approve and issue the certificate within 10 days of the applicant's full payment of the required fees. The trademark registration certificate must be recorded in the Vietnam National Trademark Register, and the decision to grant trademark registration must be published in the **Vietnam Industrial Property Gazette** within 2 months of issuance.