TRADEMARK REGISTRATION SERVICES IN HO CHI MINH CITY, VIETNAM
Professional, dedicated, responsible, and reasonably priced
Address: 9 Phan Ke Binh Street, Tan Dinh Ward, Ho Chi Minh City, Vietnam
Tel: 0942.050.407 - Email: ngocthu@thuyngoclaw.com
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1. WHAT IS A TRADEMARK REGISTRATION SERVICE?
Trademark registration services are legal services that assists businesses, organizations, and individuals in the process of registering a trademark in Vietnam.
A trademark can be a name, logo, symbol, slogan, or image that helps distinguish your goods and services from competitors in the market.
By using the trademark registration service at Thuy Ngoc Law Firm, clients will receive fast, accurate, and legal advice, search, file preparation, application submission, and certificate of protection.
2. WHY DO YOU NEED TO REGISTER A TRADEMARK?
Trademark registration is an important step to protect your brand in an increasingly competitive environment. When registered, the owner is granted an exclusive protection certificate, which helps prevent copying, misappropriation, or disputes over the brand.
2.1. Protection of Intellectual Property Rights
A registered trademark becomes a legal asset of the business. This provides the owner with a solid legal basis to take action when competitors illegally use, counterfeit, or imitate the trademark.
2.2. Creating a Competitive Advantage
in the Market An exclusive trademark helps a business affirm the credibility, quality, and uniqueness of its products/services compared to competitors. This is an effective marketing tool that helps attract and retain customers.
2.3. Increasing Brand Value and Business Assets
A protected brand can be transferred, licensed, used as capital contribution, or valued in business operations. This is an intangible asset but has significant value for the sustainable development of a business.
2.4. Reducing Legal Risks
Without trademark registration, a business may face the risk of someone else registering it first. In that case, the actual owner is at risk of losing the right to use their own mark or may have to face complex legal disputes.
3. THUY NGOC LAW FIRM'S TRADEMARK REGISTRATION SERVICES IN HO CHI MINH CITY, VIETNAM
When you choose Thuy Ngoc Law Firm, you will be supported with:
- Consulting on trademark registration requirements.
- Drafting a complete and legally compliant application file.
- Representing clients in submitting applications to the competent authority in Vietnam.
- Monitoring the process and handling official correspondence from state agencies.
- Receiving and delivering the Trademark Registration Certificate to the client.
4. CONDITIONS FOR A TRADEMARK TO BE REGISTERED IN HO CHI MINH CITY, VIETNAM
For a trademark to be accepted for protection by the National Office of Intellectual Property of Vietnam (NOIP), the owner must meet all legal requirements under the Law on Intellectual Property. Specifically:
4.1. The Trademark Must Be Distinctive
- The trademark must have easily recognizable and memorable signs, expressed in letters, words, images, symbols, colors, or a combination thereof.
- It must not be identical or confusingly similar to a previously registered trademark for the same type of goods/services.
- It must not be similar to protected trade names, geographical indications, industrial designs, etc.
4.2. The Trademark Must Not Fall Under Cases Prohibited from Protection
- It must not use signs identical or similar to the national flag, national emblem, emblems, or symbols of the State, political-social organizations.
- It must not be contrary to social ethics or public order.
- It must not be directly descriptive of the goods/services (e.g., "Delicious milk," "Clean water").
4.3. The Entity Has the Right to Register a Trademark
- Individuals, organizations, and businesses from Vietnam and abroad all have the right to file a trademark application.
- The applicant must prove they have the legal right of ownership to the trademark.
4.4. The Trademark Must Be Associated with a Specific Class of Goods/Services
When registering, you must clearly identify the class of goods or services according to the international Nice Classification.
One trademark can be registered for multiple classes of goods/services.
5. TRADEMARK REGISTRATION PROCESS IN HO CHI MINH CITY, VIETNAM
For a trademark to be granted a protection certificate by the National Office of Intellectual Property (NOIP), a business/individual must go through the following steps:
Step 1: Conduct a registrability search.
Step 2: Define the class of goods/services (Nice Classification).
Step 3: Prepare the application file.
Step 4: Submit the application.
Step 5: Formal examination (1–2 months).
Step 6: Publication of the application (after acceptance, about 2 months).
Step 7: Substantive examination (9–12 months).
Step 8: Respond to official correspondence (if any).
Step 9: Decision to grant the certificate.
Step 10: Receive the Trademark Registration Certificate.
6. REQUIRED DOCUMENTS FOR TRADEMARK REGISTRATION IN HO CHI MINH CITY, VIETNAM
When registering a trademark at the National Office of Intellectual Property of Vietnam, individuals/businesses must prepare a complete set of documents as required by law. A basic application file includes:
6.1. Components of the Trademark Application File
- Trademark registration declaration form.
- Specimen of the trademark to be registered.
- List of goods/services bearing the trademark (according to the Nice International Classification).
- Power of Attorney (if the application is filed through an industrial property representative organization, such as Thuy Ngoc Law Co., Ltd.).
- Documents proving the right to file the application (in case of acquisition from another person, e.g., a transfer contract, inheritance document...).
- Receipts for state fees and charges as prescribed.
6.2. Special Cases Requiring Additional Documents
- If the trademark contains a proper name, image, or special symbol -> a letter of consent from the owner/author is required.
- If the trademark to be registered has foreign elements -> a notarized translation into Vietnamese is required.
- If it is a collective trademark or a certification mark -> regulations on the use of the mark are required.
6.3. Notes on Document Preparation
- The trademark must not be identical or confusingly similar to a previously registered trademark.
- The application file should be carefully checked before submission to avoid rejection, which prolongs the examination time.
- Businesses should use professional legal services to ensure the application file is valid from the start.
7. SERVICE FEES FOR TRADEMARK REGISTRATION IN HO CHI MINH CITY, VIETNAM AT THUY NGOC LAW FIRM
Trademark registration service fee:
from 4,000,000 to 6,000,000 VND per trademark per class (excluding state fees).
8. STATE FEES FOR TRADEMARK REGISTRATION IN VIETNAM
According to current regulations, the fees include:
- Application filing fee: 150,000 VND.
- Formal examination fee: 180,000 VND.
- Publication fee: 120,000 VND.
- Substantive examination search fee: 180,000 VND/class.
- Substantive examination fee: 550,000 VND/class.
- Certificate grant fee: 120,000 VND.
Average total state fees: 1,000,000 – 2,000,000 VND per trademark per class.
9. TIMELINES FOR TRADEMARK REGISTRATION IN VIETNAM
- Formal Examination: 1 month.
- Publication: 2 months.
- Substantive Examination: 9–12 months.
- Certificate Grant: 1–2 months after paying the fee.
Total Time: 12–18 months.
10. THUY NGOC LAW FIRM'S TRADEMARK REGISTRATION SERVICE PROCESS IN HO CHI MINH CITY, VIETNAM
Step 1: Receive Inquiry and Initial Consultation
- The client provides information about the trademark and goods/services.
- Thuy Ngoc's lawyers provide a preliminary consultation on registrability and the classification of goods/services according to the Nice Classification.
Step 2: Sign Legal Service Contract
- Both parties sign the service contract.
- The client pays the service fee as agreed.
Step 3: Draft and Complete the File
- Lawyers draft the trademark registration declaration form and the list of goods/services.
- Prepare the Power of Attorney, fee receipts, and other necessary documents.
Step 4: Represent and Submit the File at NOIP
- Thuy Ngoc Law Firm submits the application on behalf of the client at the NOIP or its representative offices.
- Receive the application number, filing date, and monitor the file status.
Step 5: Monitor and Handle Correspondence from NOIP
- Regularly update the client on the progress.
- Draft official letters to respond, supplement, or amend the application if requested by the NOIP.
Step 6: Receive the Trademark Registration Certificate
- Thuy Ngoc's lawyers represent the client in paying the certificate grant fee.
- Receive the original Trademark Registration Certificate on behalf of the client.
Step 7: Hand Over Results & Post-Registration Consultation
- Hand over the certificate to the client.
- Provide consultation on the use, exploitation, and protection of the trademark after it is granted.
- Provide guidance on renewal procedures as the expiration date approaches (every 10 years).
11. WHY DO YOU CHOOSE THUY NGOC LAW FIRM FOR TRADEMARK REGISTRATION IN HO CHI MINH CITY, VIETNAM?
When you decide to register a trademark, choosing a reputable legal consulting firm is a crucial factor in saving time and costs and ensuring the highest chance of getting a protection certificate. Thuy Ngoc Law Co., Ltd. is confident in being a reliable partner for thousands of clients thanks to our outstanding advantages:
11.1. Extensive Experience and Expertise
- A team of experienced lawyers and legal specialists in the field of intellectual property and trademark registration.
- Provide a systematic brand protection strategy that is suitable for the client's industry and business model.
11.2. All-in-One, Fast, and Effective Service
- Support in conducting a registrability search before filing, which helps reduce the risk of rejection.
- Draft and complete the entire trademark registration file in accordance with regulations.
- Work directly with the National Office of Intellectual Property on behalf of the client until the protection certificate is obtained.
11.3. Transparent Pricing
- Provide a detailed and clear quote, including service fees and state fees.
- Commit to no additional costs outside of the initial agreement.
11.4. Long-term Partnership and Protection of Interests
- Monitor the application processing progress and provide regular updates to the client.
- Advise on handling disputes or complaints related to the trademark.
- Support with international trademark registration, renewal, and brand protection in the international market.
12. ANSWERS TO SOME QUESTIONS ABOUT TRADEMARK REGISTRATION SERVICES IN HO CHI MINH CITY, VIETNAM
Question 1. Can an individual register a trademark?
Answer
Yes, an individual with civil legal capacity is entitled to register.
Question 2. How long is a trademark valid for?
Answer
A trademark protection certificate is valid for 10 years and can be renewed many times.
Question 3. Can multiple groups be registered in one application?
Answer
Yes, but the state fee will increase according to the number of groups.
Question 4. Can an unused trademark be registered?
Answer
Yes, the law does not require use before registration.
Question 5. Do logos and brand names need to be registered separately?
Answer
It is recommended to register both the logo and the name to ensure comprehensive protection.
Question 6. Can a specific color be registered for a logo?
Answer
Yes, but the scope of protection will be linked to the registered color.
Question 7. Can a foreign language trademark be registered?
Answer
Yes, as long as it meets the distinctiveness requirements.
Question 8. What is a collective trademark?
Answer
It is a trademark registered for use by members of an organization.
Question 9. What is a certification trademark?
Answer
It is a trademark issued by a competent organization to certify quality and origin.
Question 10. Can an international trademark be registered?
Answer
Yes, according to the Madrid Protocol.
Question 11. What should be done if a trademark expires?
Answer
The owner can renew it within 06 months before the expiration date.
Question 12. Does trademark registration protect against counterfeiting?
Answer
Yes, it is the legal basis for handling counterfeit and fake goods.
Question 13. What is the fastest time to get a Certificate?
Answer
Usually 12-14 months if the application is smooth.
Question 14. If rejected, can you appeal?
Answer
Yes, the applicant has the right to appeal the decision of the National Office of Intellectual Property.
Question 15. Is an international trademark valid in Vietnam?
Answer
Only when the owner files an international application designating Vietnam.
Are you looking for a trademark registration services in Ho Chi Minh City, Vietnam?
For more information about our services and fees,
Please contact Thuy Ngoc Law Firm as follows:
Address, email, and contact phone number (See details)
Thuy Ngoc Law will meet your needs in a professional, reputable, and effective manner
Address: 9 Phan Ke Binh Street, Tan Dinh Ward, Ho Chi Minh City, Vietnam
Tel: 0942.050.407 - Email: ngocthu@thuyngoclaw.com
