I. Vietnam’s Trademark System

1.  First-to-File Principle

Vietnam follows a strict “first-to-file” system, prioritizing trademark rights based on the application date, not usage. Unregistered trademarks risk squatting. Under the Paris Convention, applicants filing in another member state can claim priority within six months, provided they declare it during application and submit supporting documents.

2.  Madrid System and Nice Classification

Vietnam, a member of the Madrid Agreement (1949) and Protocol (2006), accepts single-country applications or Madrid International Registrations designating Vietnam. While not part of the Nice Agreement, Vietnam uses the Nice Classification, allowing up to six items per class (additional fees apply for more).

II. Trademark Registration Process

1.  Trademark Search (Recommended)

Conducting a search minimizes risks of similarity with existing trademarks and ensures compliance with Vietnam’s regulations. Use NOIP’s website (http://www.noip.gov.vn) or WIPO’s platform for official searches, or engage professional firms for thorough analysis. Adjust trademarks with over 70% similarity to existing ones.

2.  Application Preparation and Submission

• Required Documents: Applicant details, business license or ID copies, trademark samples (JPG, ≥300dpi), Nice Classification list (max six items per class), and notarized power of attorney (if using an agent).
• Tips: Avoid purely Chinese trademarks due to distinctiveness issues; combine with English, Pinyin, or graphics. Foreign documents need Vietnamese translations with official seals.
• Submission: Online via NOIP’s system or in-person at NOIP offices in Hanoi, Ho Chi Minh City, or Da Nang.

3.  Formal Examination (1 Month)

NOIP reviews application completeness. Approved applications receive an acceptance decision; incomplete ones get a notice to supplement within a deadline, or risk abandonment.

4.  Publication and Opposition (7 Months Total)

Applications are published in the Official Gazette within two months. Third parties have five months to oppose on grounds like squatting or lack of distinctiveness, requiring evidence and fees.

5.  Substantive Examination (9–18 Months)

NOIP assesses distinctiveness and conflicts. Outcomes: approval, partial approval (after narrowing scope), or rejection. Applicants can respond to rejections within two months or appeal to NOIP’s Appeal Board or a court.

6.  Certificate Issuance (2–3 Months)

Pay registration and publication fees post-examination. Electronic certificates are issued within 2–3 months; paper certificates are optional. Trademark rights take effect upon registration.

7.  Timeline

Smooth registrations take 18–24 months. Delays from oppositions or reexaminations may add 6–36 months.

III. Trademark Maintenance

1.  Renewal, Assignment, and Licensing

• Renewal: Valid for 10 years; apply six months before expiration (six-month grace period with late fees).
• Assignment/Licensing: Assignments require NOIP approval; licensing needs a registered contract. Only registered trademarks can be licensed.

2.  Non-Use Cancellation (5-Year Rule)

Trademarks unused for five consecutive years risk cancellation by third parties. Retain evidence of use (e.g., packaging, sales records).

IV. Strategic Considerations

Vietnam’s trademark system blends international standards with local nuances, like its first-to-file rule and strict examination. For trademark lawyers advising clients entering Vietnam, emphasize early searches, meticulous application preparation, and proactive monitoring during opposition and examination. Long-term, guide clients on renewals and maintaining use evidence to secure brand rights. Leverage professional IP firms and local expertise to navigate NOIP processes and ensure robust trademark protection in this key Southeast Asian market.