The Latest Trademark Registration Procedures Today

Trademark registration is a procedure necessary to avoid legal risks and a crucial process to establish ownership rights over a trademark (which includes various elements, with the trademark being the most important). So, what are the conditions and procedures for registration? Let Apolat Legal address common questions and concerns through the following article!

The most standard conditions and procedures for trademark registration

1. What is trademark registration?

Trademark registration is a legal procedure to establish exclusive rights to use a trademark or brand for an individual or organization within the territory of Vietnam. The registration process involves providing information about the trademark and the owner to the national trademark database and issuing a trademark registration certificate to the owner.

Trademark registration is determined based on the evaluation of the application submitted by the applicant and the legal provisions regarding the form and content of the application. Registering a trademark essentially recognizes ownership rights over that trademark. Additionally, a trademark is considered an intangible asset of a business, organization, or individual. Therefore, registering exclusive rights to a trademark aims to protect the intellectual property rights of individuals or organizations.

2. Why do businesses need to register trademarks?

Businesses register trademarks to prevent other organizations or individuals from copying or imitating their trademarks. Like a stamp, a trademark is an invaluable asset for distinguishing goods and services among different entities. Consequently, businesses assert and enhance their position in the market. To protect trademarks from the risk of theft, copying, or unauthorized use, companies need to register to receive legal protection.

Registering a trademark helps protect a business’s trademark ownership.

3. How to Register a Trademark: A Step-by-Step Guide

Trademark registration involves a detailed process with 9 specific steps as follows:

• Conceptualize and Choose the Trademark;
• Trademark Search;
• Prepare Trademark Registration Documents;
• Submit Application and Registration Fee to the National Office of Intellectual Property of Vietnam;
• Form Review by the National Office of Intellectual Property;
• Announcement of the Application;
• Substantive Examination of the Application;
• Submission of Fees for Protection Certificate;
• Decision on Granting/Refusing Protection Certificate.

What is the procedure for registering a trademark?

Step 1: Conceptualize and Choose the Trademark

Businesses should start by conceptualizing their trademark design based on the core values they want to establish. Creating a unique and distinctive trademark that sets it apart from competitors is crucial. The logo should not only be the subjective idea of the designer but also resonate with customer preferences and reflect the brand-building strategy.

Once the trademark design concept is in place, businesses must select a trademark suitable for their industry, making it easier to categorize products and services.

According to the Intellectual Property Law, a trademark can be registered for one or more groups of products/services. Vietnam recognizes 45 groups in total, with 34 groups for products and 11 for services.

It’s important to associate the trademark with specific products or services during registration, as this forms the basis for determining a business’s rights, grouping, and fees.

Step 2: Trademark Search

After finalizing the trademark design, a search is necessary to determine whether the chosen trademark is eligible for registration. This can be done in two ways:

• Using Google: A preliminary search on Google helps identify if any individuals or organizations are already using a similar trademark. Searching for “ABC fashion” can provide initial results.
• Search online through the National Office of Intellectual Property’s website: Use the online database of the Intellectual Property Office of Vietnam at http://iplib.noip.gov.vn/WebUI/WSearch.php. This method is more accurate but still has a success rate of around 40%.

To ensure more accurate results, businesses can opt for professional services. Legal consulting firms, like Apolat Legal, can conduct direct searches through the Intellectual Property Office, achieving accuracy rates of over 90%.

Step 3: Prepare Trademark Registration Documents

Businesses need to prepare various documents for trademark registration. These include:

Other documents:

• Other relevant documents, if applicable (such as authorization letters for applications through IP service organizations).
• Confirmation of the right to use special symbols (for trademarks containing symbols, flags, emblems of domestic and international organizations, etc.).
• Confirmation of registration rights.
• Confirmation of the right to register from others.
• Confirmation of priority rights if the application requests priority rights.

Step 4: Submit Application and Registration Fee to the National Office of Intellectual Property of Vietnam

Trademark owners submitting applications can choose between paper-based and online submission through the Online Public Services Portal of the National Office of Intellectual Property. The details are as follows:

Paper-Based Submission:

Trademark owners can submit trademark registration applications in paper form directly to the National Office of Intellectual Property or through postal services to designated receiving points, including:

• National Office of Intellectual Property in Hanoi: 386 Nguyen Trai Street, Thanh Xuan District, Hanoi.
• Representative Office of the National Office of Intellectual Property in Ho Chi Minh City: 7th Floor, Ha Phan Building, 17/19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
• Representative Office of the National Office of Intellectual Property in Da Nang City: 3rd Floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City.

When submitting trademark registration documents via postal services, applicants must transfer the fees through postal services. Subsequently, they must send the receipt of the payment (photocopy) along with the application documents to one of the specified receiving points of the National Office of Intellectual Property to demonstrate that the payment has been made.

Online Submission:

Conditions for online submission include applicants needing a digital signature, digital certificate, and registration of an account on the Online Submission System, which the National Office of Intellectual Property must approve to perform industrial property registration transactions.

The procedure for online submission is as follows:

Applicants need to declare and submit trademark registration applications on the Online Submission System of the National Office of Intellectual Property.

The system will return an Online Document Submission Confirmation to the applicant. Within one month from the date of online submission, the applicant must visit one of the National Office of Intellectual Property’s receiving points during working hours to present the Online Document Submission Confirmation and accompanying documents (if any) and pay the prescribed fees.

If the documents and fees are complete according to regulations, the receiving officer will issue an application number on the Declaration Form on the Online Submission System. In case of incomplete documents and fees, the application will be rejected. Suppose the applicant fails to complete the submission procedures as required. In that case, the online documents will be canceled, and a Notice of Online Document Cancellation will be sent to the applicant through the Online Submission System.

When submitting trademark registration documents via postal services, applicants must transfer the fees through postal services. Subsequently, they must send a photocopy of the receipt of the payment along with the application documents to one of the specified receiving points of the National Office of Intellectual Property to demonstrate that the payment has been made.”

Step 5: Form Review by the National Office of Intellectual Property

The Intellectual Property Office examines compliance with the regulations regarding the form of trademark registration applications, concluding whether the application can be considered valid (Decisiccept a good application/Reject the acceptance of the application). Specifically:

• In the case of a valid application, the Intellectual Property Office will decide to accept the correct application.
• In the case of an invalid application, the Intellectual Property Office will issue a notice of intention to reject the acceptance of the valid application, specifying the reasons and deficiencies that may lead to rejection. At the same time, a period of 2 months will be stipulated for the applicant to provide comments or rectify the identified deficiencies. Suppose the applicant needs to make the necessary corrections. In that case, if the modifications do not meet the requirements, or if there is no objection, or if the objection is not accepted, the Intellectual Property Office will issue a decision to reject the acceptance of the application.

The formal examination period is 1 to 2 months from the trademark registration application submission date.

The publication deadline for the application in the Intellectual Property Office Gazette is two months.

Appraisal of trademark application form

Step 6: Announcement of the Application

Once the application is deemed valid, the information about the application is announced in the Intellectual Property Gazette. This announcement includes details about the proper application, the trademark design, and the list of goods and services.

The announcement is made on the Intellectual Property Office’s website and in the Intellectual Property Gazette, and the timeframe for the announcement is two months from the date of the announcement of the valid application.

Step 7: Substantive Examination of the Application

The Intellectual Property Office assesses the trademark’s protection potential within the application, based on the protection conditions, to determine the corresponding scope of protection. Specifically:

• The Intellectual Property Office reviews the trademark registration conditions. Based on this, the Intellectual Property Office evaluates the eligibility for granting protection to the trademark applied for by the applicant. If the application meets the necessary conditions, the Intellectual Property Office will issue a Notice of Intent to grant an exclusive protection certificate for the trademark.
• Suppose the application fails to meet the required conditions. In that case, the Intellectual Property Office will issue a Notice of Intent not to grant a protection certificate for the trademark applied for by the applicant. The trademark owner can review and submit a response or complaint against the decision of the Intellectual Property Office. In this response, the trademark owner provides reasons to persuade the Intellectual Property Office to grant protection certification for their trademark.

Step 8: Submission of Fees for Protection Certificate

After receiving the notice of the intended grant of protection, the applicant must submit the necessary fees for protection certification. These fees include:

• Registration fee for trademark application: VND 150,000 per trademark per group of goods/services.
• Publication fee for trademark application: VND 120,000.
• Search fee for identification of similar trademarks: VND 180,000 for the first group of products/services and VND 30,000 for each subsequent product/service.
• Content examination fee: VND 550,000 per group of products/services and VND 120,000 for each subsequent product/service.

Step 9: Decision on Granting/Refusing Protection Certificate

If the trademark mentioned in the application does not meet protection requirements, the Intellectual Property Office refuses protection.

If the trademark mentioned in the application meets all protection requirements and the applicant has paid all fees on time, the Intellectual Property Office decides to grant protection. The information is recorded in the National Trademark Register, and the decision is published in the Intellectual Property Gazette.

4. Trademark Registration Services at Apolat Legal

How to register a trademark is a common question for many individuals. If you find the trademark registration process too complex and time-consuming, consider seeking assistance from reputable legal consulting services, such as Apolat Legal. With years of experience in trademark registration, we are confident in meeting all the requirements that our clients may have.

4.1. Tasks performed by Apolat Legal

Apolat Legal not only addresses difficulties related to trademark ownership registration but also assists clients in the following tasks:

• We provide comprehensive legal information and practical knowledge of trademark registration procedures.
• We prepare all necessary procedures, complete documentation, and submit business trademark registration applications. Clients only need to provide Apolat Legal with a power of attorney. We will handle all processes and provide clients with the trademark registration certificate issued by the National Office of Intellectual Property (NOIP).
• Monitor files and respond to any requests from the Intellectual Property Office.
• We advise and support clients in carrying out post-trademark registration tasks, including procedures related to extending protection certificates and strategies for trademark protection.

Work performed by Apolat Legal on behalf of clients.

4.2. Trademark Registration Fees at Apolat Legal

The trademark registration fee at Apolat Legal depends on the number of trademarks a client wants to register and the product/service groups associated with the trademark.

Specifically, the trademark registration fee at Apolat Legal is 2,000,000 VND for one trademark, including:

• State fee: 1,000,000 VND.
• Service fee at Apolat: 1,000,000 VND.

The processing time is 18-20 months. The fee applies to a single product/service group and no more than six products/services. This fee does not include an in-depth search fee (if applicable) and a 360,000 VND fee for receiving the certificate (usually paid two years later).

4.3. Why Choose Trademark Registration Services at Apolat Legal

With years of experience in trademark registration and a team of highly specialized and knowledgeable staff, we ensure customer satisfaction when using Apolat Legal services. We guarantee a quick, timely, and cost-effective process.

Apolat Legal ensures customer support throughout the examination and review process of trademark registration, handling all related procedures from preparing documents and submitting trademark registration applications to responding to letters and notifications issued by the Intellectual Property Office.

5. Intellectual Property Registration Services at Apolat Legal

Apolat Legal’s reputable Intellectual Property registration service offers several notable advantages, including:

Experience: Apolat Legal boasts a team of highly experienced lawyers with expertise in Intellectual Property.

Free Consultation: Apolat Legal provides free consultation services to clients on issues related to Intellectual Property.

Time-saving: Apolat Legal’s Intellectual Property registration service helps clients save time and effort during registration. Clients only need to provide the necessary information, and Apolat Legal’s consultants will assist in completing the registration procedures.

Reasonable Pricing: Apolat Legal offers Intellectual Property registration services at fair and competitive prices. Clients can trust in the quality of service at an affordable cost.

Dedication and Attentiveness: Apolat Legal is committed to providing clients with the most dedicated and attentive service. Consultants will accompany clients throughout the Intellectual Property registration process, addressing concerns and ensuring maximum protection of clients’ rights.

Registering Intellectual Property is crucial for safeguarding the rights and value of your products, services, or creative works. With extensive experience in legal matters and a team of highly experienced lawyers, Apolat Legal is committed to providing quality, reputable, and effective Intellectual Property registration services. Contact us for the best support!

5.1. Intellectual Property Registration Process

The Intellectual Property registration process, according to Intellectual Property Law, consists of five steps:

Step 1: Determine the type of Intellectual Property Registration

This crucial procedure maximizes ownership rights according to Intellectual Property regulations. For example, trademarks or brands fall under the category of industrial property registration, while innovative solutions may be registered as patents.

Step 2: Choose the competent authority for the proper resolution

Corresponding to the three main types of Intellectual Property registration, three different authorities handle administrative procedures, examination, and approval. Depending on the type, you need to select the appropriate entity for resolution:

• Industrial Property registration is conducted at the National Office of Intellectual Property.
• Copyright and related rights registration is carried out at the Copyright Office.
• Plant variety protection registration is performed at the Plant Variety Protection Office.

Step 3: Prepare complete documentation

The applicant or an authorized representative prepares documentation for Intellectual Property registration. Depending on the registration type, documents must be prepared according to the guidelines provided in Section 2.

Step 4: Submit documents to the competent authority

After preparing complete documentation, the applicant or authorized representative must submit the documents to the relevant authorities for the respective registration process:

• National Office of Intellectual Property for industrial property.
• Copyright Office for copyright and related rights.
• Plant Variety Protection Office for plant variety protection.

Step 5: Monitor and receive the result

Upon receiving the documents, they undergo the examination and approval process. The duration varies depending on the type of Intellectual Property registration. For example, the processing time for trademark registration may extend from 20 to 28 months, and industrial design may take 14 to 17 months.

During the examination, the resolving authority will notify you of any deficiencies, invalidities, or intentions to reject the application. Therefore, the applicant needs to pay attention to avoid rejections without awareness.

Once the examination process concludes, the state authority will decide whether to approve the Intellectual Property registration certificate for the product.

5.2. Intellectual Property Registration Fees

Intellectual Property registration fees include charges for specific objects, as regulated by the registration authority, commonly known as state fees. Additionally, if utilizing the services of service providers, clients must pay additional service fees.

Industrial property registration has the highest fees among the three types of Intellectual Property registration mentioned above. For example, registering one trademark costs 1,350,000 VND, whereas writing one copyright costs only 100,000 VND.

6. Frequently Asked Questions about Trademark Registration

In addition to questions related to how to register a trademark, Apolat Legal often receives various inquiries, including:

6.1. What should be considered when registering a trademark?

To achieve a successful business trademark registration, consider the following:

• Understand the list of objects not eligible for protection: Design and choose a brand that complies with the list of non-protectable objects. It will likely not be protected if your brand incorporates national flags and emblems of Vietnam or other countries.
• Design a highly recognizable trademark: Ensure that your trademark is easily distinguishable, memorable, and not classified under the cases specified in Article 74.2 of the Intellectual Property Law.
• Know the legal requirements for documentation: Familiarize yourself with the legal provisions regarding the required documents to ensure your application meets all necessary standards.
• Be aware of the timeline for each step: Understand the timeframes for each stage of the trademark registration process by the National Office of Intellectual Property to promptly respond to any official requests.

6.2. Where do you submit a trademark registration application?

Trademark registration documents are submitted to the National Office of Intellectual Property of Vietnam at 384-386 Nguyen Trai, Thanh Xuan District, Hanoi. Additionally, applications can be submitted to representative offices, including:

Hanoi Address: National Office of Intellectual Property of Vietnam

• Address: 386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan District, Hanoi
• Phone: 024 3858 3069

Ho Chi Minh City Address: Representative Office of the National Office of Intellectual Property in Ho Chi Minh City

• Address: 8A/1 Nguyen Canh Chan, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City
• Phone: (028) 3920 8483 – 3920 8485

Da Nang Address: Representative Office of the National Office of Intellectual Property in the Central Region

• Address: 26 Nguyen Chi Thanh, Hai Chau District, Da Nang
• Phone: 0236.3889955

Clients can choose the most suitable location for submitting their applications.

6.3. How do you choose a reputable trademark registration consulting service?

Selecting a reputable consulting service contributes to a faster trademark registration process. Consider the following factors:

• Qualified Team: A reputable consulting service should have highly experienced legal professionals to navigate each step successfully.
• Service Variety: A reputable service will offer various options to meet clients’ specific requirements.
• Extensive Experience: Experience is crucial for a smooth and efficient trademark registration process.
• Comprehensive and Objective Consulting Process: The consulting service should provide complete and objective guidance to ensure clients fully understand the procedures involved.
• Reasonable Cost for Quality: Prioritize quality over cost, as low fees often correlate with minimized procedures and subpar results.
• Licensed by the National Office of Intellectual Property: Ensure the National Office of Intellectual Property approves the consulting service to represent clients in related registration activities.

6.4. Can individuals register trademarks for protection?

While businesses and companies typically conduct trademark registration procedures, there are no restrictions on ownership. According to the Intellectual Property Law, individuals have the right to register trademarks for protection.

6.5. Can one trademark be registered for multiple groups of goods and services?

A trademark can be registered for multiple groups of goods and services, ranging from a minimum of 1 to a maximum of 45 groups.

6.6. What are goods/services groups when registering a trademark?

Based on the Intellectual Property Office’s notice, the classification of goods/services should follow the Vietnamese version of the Nice Classification (version 12/2023 published by WIPO and translated by the Intellectual Property Office).

If the applicant fails to classify correctly, the Intellectual Property Office will reclassify during the application examination, and the applicant must pay additional classification fees.

The Nice Classification divides goods/services into 45 groups, including 35 groups for goods and 10 for services.

For further information and to address any additional questions, please get in touch with Apolat Legal:

Contact Information:

• HCM City: 5th Floor, 99-101 Nguyen Dinh Chieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City.
• Hanoi: 10th Floor, 5 Dien Bien Phu, Dien Bien Ward, Ba Dinh District, Hanoi.
• Phone: 0911 357 447
• Email: info@apolatlegal.com
• Website: apolatlegal.com