TRADEMARK REGISTRATION

Right to register a trademark in Vietnam is referred to Article 87 of Vietnam IP Law. Details are as below:

1.   An organization or individual shall have the right to registration of a mark to be used for goods or services he or she produced or supplied.

2.   An organization or individual legally engaged in the trade in a product produced by a third party shall have the right to registration of a mark to be used for the product, provided for the producer neither uses such a mark for the product nor objects to such registration.

3.   A collective organization legally established shall have the right to registration of a collective mark to be used by its members in accordance with the rules on using collective mark.

      With regard to a sign indicating the geographical origin of goods or services, the organization that has the right to registration shall be the collective of organizations or individuals engaged in the production or trade of goods or services in the relevant locality.

4.   An organization with the function to control and certify the quality, characteristics, origin or other relevant criteria of goods or services shall have the right to registration of a certification mark provided that such organization is not engaged in the production or trade of such goods or services.

5.   Two or more organizations or individuals shall have the right to jointly register a mark in order to become the co-owners thereof, provided that:

a) The use of such a mark shall be on behalf of all of the co-owners or shall be for the goods or services of which all of the co-owners are engaged in the production or trade;

b)  The use of such a mark shall not cause any confusion to consumers as to the origin of goods or services.

6.   A person who has the right to registration as provided for in paragraphs 1 to 5 of this Article, even after filing registration application, may assign, in writing, the right to other organizations or individuals by way of a written contract for bequest or bylaw inheritance, provided that the assignee satisfies the respective criteria applicable to person having the right to registration.

7.   With regard to a mark being protected in a member country of an international treaty which prohibits the representative or agent of a mark owner to register such mark and of which the Socialist Republic of Vietnam is also a member country, then such representative or agent shall not be permitted to register such mark unless it is so agreed by the mark owner, except where a legitimate reason is available.

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For more information about Trademark Renewal, please do not hesitate to contact us at

HAIHAN IP LAW FIRM

12A Floor, Center Building, No. 1 Nguyen Huy Tuong, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City, Vietnam.

Tel:             844-3202 8111 / 844-3202 8222

Fax:            844-3202 8333

Hotline:      84-983 788 469

Email:         hh@haihan.vn

HAIHAN-IP is a registered IP Firm recorded by The National Office of Intellectual Property of Vietnam (NOIP).

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