TRADEMARK REGISTRATION

The request for filing a trademark application in Vietnam must follow regulations as below:

(a) The Descriptive section must describe the type of mark (ordinary mark, collective mark, certification mark or associated mark). 

(b) The Descriptive section must describe the features of the associated marks or goods and services as follows:

(i) Which of the associated marks is considered fundamental, whether the applicant lodged previous applications for such marks etc.;

(ii) In the case of associated goods and services, which of the goods or services is considered fundamental, whether they have been previously registered or mentioned in previous applications giving details of their numbers etc;

(iii) If the applicant fails to satisfy sub-clauses (i) or (ii), then each associated mark or associated goods or services shall be deemed independent. An assessment of ability to classify the mark in the application shall not apply to associated marks stipulated in clause 2(e) of article 74 of the Law on Intellectual Property but it must comply with clause 39 of this Circular.

(c) The Descriptive section must detail a certification mark in terms of the objective, contents and method of certification (and stating what is certified, quality or origin etc; the order and conditions for certification etc);

(d) The Declaration must contain a sample of the mark as follows:

(i) If the mark to be protected contains many elements, details of each element and their combination;

(ii) If the sample mark is to be protected then this must be specified;

(iii) If the mark contains words or letters not in Vietnamese then they must be phonetically reproduced in Vietnamese with a translation of their significance or meaning;

(iv) If the mark contains numbers in latin or Arabic then Arabic numbers must be used.

(e) The list of goods and services bearing the mark in the Declaration must accord with the list of international classification (in accordance with the Nice Agreement) announced by the National Office of Industrial Property in the Official Industrial Property Gazette. 

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HAIHAN-IP is a prestigious intellectual property law firm in Vietnam. We provide clients with services including search, filing, prosecution, licensing, assignment and litigation of patents, utility solutions, trademarks, industrial designs. For any enquiries about our services, please email hh@haihan.vn or phone us at 84-4-3202 8222.

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