Trademark Attoney in Vietnam:

Gia Pham Law firm

http://www.law.com.vn – http://www.luatgiapham.com

Tel: +84913553222 - +84435374748

Fax: +84435374746

email: luatgiapham (at) gmail.com

Trademark System in Vietnam

Vietnam General Information


Vietnam, officially the Socialist Republic of Vietnam, is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea to the east. With a population of over 86 million, Vietnam is the 13th most populous country in the world.


The people of Vietnam regained independence and broke away from China in AD 938 after their victory at the battle of Bach Dang River. Successive dynasties flourished along with geographic and political expansion deeper into Southeast Asia, until it was colonized by the French in the mid-19th century. Efforts to resist the French eventually led to their expulsion from the country in the mid-20th century, leaving a nation divided politically into two countries. Fighting between the two sides continued during the Vietnam War, ending with a North Vietnamese victory in 1975.


In 1986, it instituted economic and political reforms and began a path towards international reintegration. By 2000, it had established diplomatic relations with most nations. Its economic growth had been among the highest in the world in the past decade. These efforts culminated in Vietnam joining the World Trade Organization in 2007 and its successful bid to become a non-permanent member of the United Nations Security Council in 2008.

Vietnam Trademark System

 

  HIGHLIGHTS

Legal basis

Intellectual Property Law 2005

Major international treaties signed

  • Paris Convention

  • Madrid Agreement and Protocol

Cost of obtaining a straightforward registration

Please contact us by email: luatgiapham (at) gmail.com

Average time to register a trademark

Atleat 09 months

Filing and prosecution procedures

Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration

Registrable marks

Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof, may be registered as a trademark

Number of classes

45 in line with the Nice Classification (9th edition)

Multiple class filing

Available

Filing of series marks

Not available

Necessary documents

Power of Attorney

18 samples of mark

Electronic filing

Not available

Common objections

  • Deceptiveness

  • Prior conflicting rights

  • Inventiveness, descriptiveness and non-distinctiveness

Opposition term

As from the publication date of application until prior to the date of decision on the granting of a trademark registration (about 6 months as from publication date)

Duration of protection

10 years from the filing date

Restoration of lapsed
trademark

Within 12 months from the expiry of the last registration

Compulsory period of use to avoid cancellation action

  • No expiry dates for filing a cancellation trial in case an improper registration was granted for “unhealthy motives of the applicant”

  • 5 years from the granting date for the other ones

Parallel Imports

Allowable

Use

Not necessary for filing purposes as an application can be filed based on “intention to use”

Useful links

www.law.com.vn
www.noip.gov.vn

ENFORCEMENT

HIGHLIGHTS

Outline of the
enforcement steps

Civil Actions

  • Infringement pursuant to the Intellectual Property Law 2005 (IPL)

  • Unfair Competition

Administrative Actions Effected by the various government department including the Ministry of Science; Technology and Department of Science and Technology at province; the Ministry of Trade, Economic Police and Customs

Criminal Actions A trademark owner may make denunciation for the investigation, and if convicted criminal actions to be brought against an infringer pursuant to Articles 156 158 and 170, 171 of the Criminal Code

Civil Remedies

  • Interlocutory / permanent injunction

  • An order for the surrender or the destruction of the offending trademark or signage

  • Damages or account of profits in lieu of damages

  • A declaration of the plaintiff’s rights to the trademark and defendant’s infringement of these rights

Criminal Sanctions

  • Monetary fines or imprisonment or both

  • Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark goods

Others

It is an offence to represent a trademark as registered when it is not

Time frame for various legal actions

12 – 36 months

Alternative dispute resolution

  • Mediation

  • Arbitration

Any specialized courts for IP

Not available