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Trademark System in Vietnam |
GENERAL COUNTRY INFORMATION
The Socialist Republic of Vietnam is the easternmost nation on the Indochina Peninsula and its capital city is Hanoi. Vietnam is home to 90.5 million people and boasts the second fastest growth rate among all countries in East and Southeast Asia. Its gross domestic product is about US$259 billion with a per capita of US$3,100.
| Legal basis |
Intellectual Property Law 2005 |
| Major international treaties signed |
- Paris Convention
- Madrid Agreement and Protocol
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| Cost of obtaining a straightforward registration |
Please contact us at vietnam@mirandah.com
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| Average time to register a trademark |
Minimum 12 months |
| Filing and prosecution procedures |
Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition (if any)
Stage 5: Registration
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| 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 |
| Multiple class filing |
Available |
| Filing of series marks |
Not available |
| Necessary documents |
Notarized Power of Attorney |
| Electronic filing |
Not available |
| Common objections |
- Deceptiveness
- Prior conflicting rights
- Inventiveness, descriptiveness and non-distinctiveness
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| 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
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| Parallel Imports |
Allowable |
| Use |
Not necessary for filing purposes as an application can be filed based on “intention to use” |
| Useful links |
www.mirandah.com
www.noip.gov.vn |
Outline of the
enforcement steps |
Civil
- 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
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| Criminal Sanctions |
- Monetary fines or imprisonment or both
- Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark goods
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| 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
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| Any specialized courts for IP |
Not available |
Application and Registration Of Trade Marks From 2000 to 2006
| |
Local |
Foreign |
Total |
Local |
Foreign |
Total |
| 1982-1988 |
461 |
773 |
1234 |
|
|
|
| 1989 |
255 |
232 |
487 |
|
|
|
| 1990 |
890 |
592 |
1482 |
|
|
|
| 1991 |
1747 |
613 |
2360 |
|
|
|
| 1992 |
1595 |
3022 |
4617 |
|
|
|
| 1993 |
2270 |
3866 |
6136 |
|
|
|
| 1994 |
1419 |
2712 |
4131 |
|
|
|
| 1995 |
2217 |
3416 |
5633 |
|
|
|
| 1996 |
2323 |
3118 |
5441 |
|
|
|
| 1997 |
1645 |
3165 |
4810 |
|
|
|
| 1998 |
1614 |
2028 |
3642 |
|
|
|
| 1999 |
2380 |
1786 |
4166 |
|
|
|
| 2000 |
3483 |
2399 |
5882 |
1423 |
1453 |
2876 |
| 2001 |
3095 |
3250 |
6345 |
2085 |
1554 |
3639 |
| 2002 |
6560 |
2258 |
8818 |
3386 |
1814 |
5200 |
| 2003 |
8599 |
3536 |
12135 |
4907 |
2243 |
7150 |
| 2004 |
10641 |
4275 |
14916 |
5444 |
2156 |
7600 |
| 2005 |
12884 |
5134 |
18018 |
6427 |
3333 |
9706 |
| 2006 |
16071 |
6987 |
23058 |
2505 |
6335 |
8840 |
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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