Vietnam

Submission of TradeMark Application

  • Logo, Brand Name, Slogan, Label in software copy (Jpeg, pdf, png, gif format)
  • Trademark Classification or specification of goods and services
  • Applicant’s name and address
  • Power of Attorney

Formality Examination

  • Application is examined for any deficiencies 1 month from filing date

Publication

  • 2 months from application acceptance date

Substantive Examination

  • 9 months from publication date

Registration & Certificate

Estimated Duration for smooth trademark application
Minimum months

Trademark Validity / Renewal
10 years from the filing date

  • As per Vietnam’s obligations under the Berne Convention, copyrights are formed automatically upon creation of the work in a tangible form, whether the creation takes place in Vietnam or any other Berne Convention member state.
  • Both moral and economic rights are recognised and protected by Vietnamese law and owners have the right to assign economic rights, but not moral rights as in most EU jurisdictions.

Copyright Validity

  • Literary works, scientific works, textbooks, teaching courses
  • Lectures, speeches, and press works
  • Musical, stage, photographic, and cinematographic works
  • Plastic art works and applied art works
  • Sketches, plans, maps and architectural works
  • Computer programs and data collections

Copyright Validity
Subsists during the life of creator and remain effect for another 50 years after creator death

Submission of Industrial Design Application

  • Original Power of Attorney from the Applicant(s);
  • Full name and address of applicant(s);
  • Full name, address and nationality of designer(s);
  • Drawing of design;
  • Original certified true copy of priority document (if any);
  • Salient novelty features description in which showing the using purpose or Locarno classification of design, if any.

Formality Examination

  • 1 month from filing date

Publication of Industrial Design Application

  • 2 months from the date such application is accepted as being valid

Substantive Examination

  • 6 months from publication date

Issuance of Certificate of Registration

  • A Certificate of Registration will be issued and the particulars of the design will be entered in the register once the publication fee is paid.

Industrial Design Validity
15 years from the filing date. Renewal can be done every 5 years

Submission of Patent Application

  • Every design application has to be filed with the National Office of Intellectual Property of Vietnam (NOIP).

Formality Examination

  • A formal examination takes place within 3 months from the filing date.

Publication

  • The Patent/Utility Solution application will be published on National Industrial Property Gazette within 19th month from priority date for Paris convention application and within 2 months from formality acceptance date for PCT application for opposition of the third party.

Substantive Examination

  • Substantive examination request can be filed at the filing time or within 42 months (for patent) and 36 months (for utility solution) from priority date. This duration takes 18 months from publication date or request date that comes later.

Grant

  • Patent grant will be issued within 2-3 months from payment date

Duration of Patent for smooth application
About 36 – 42 months from filing to grantig

Patent Validity
20 years from the filing date