Vietnam, a manufacturing powerhouse for electronics, textiles, and footwear, attracts global businesses with its robust industrial growth. Protecting intellectual property (IP) is critical to safeguard innovations, prevent counterfeiting, and maintain a competitive edge in a market with increasing IP filings. Our firm provides expert IP services to protect your trademarks and inventions in Vietnam.

Trademarks

Trademark protection in Vietnam is governed by the Intellectual Property Law of 2005, amended in 2022, administered by the National Office of Intellectual Property (NOIP) under the Ministry of Science and Technology. Vietnam is a member of the Paris Convention, TRIPS Agreement, and Madrid Protocol, facilitating international filings.

Trademark Registration Process

Securing a trademark in Vietnam involves a structured process. The key steps include:

1. Trademark Search: Conduct a search through NOIP’s database to ensure that a similar mark is not already r registered.

2. Filing the Application: Submit the trademark application to NOIP, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications can be filed in Vietnamese or English (with Vietnamese translation).

3. Formal Examination: NOIP examines the application on the formal aspects and if there are no deficiencies, the application is accepted for publication.

4. Publication: Approved marks are published in the Industrial Property Gazette, allowing a two-month opposition period.

5. Opposition Period: During the two-month window, third parties can challenge the registration if they believe it infringes their rights.

6. Substantive Examination: Once the opposition period is over, the applications undergo substantive examination on the grounds of distinctiveness and/ or prior similar marks and the Examiner decides upon any opposition filed against the applied mark simultaneously.

7. Registration: If no opposition is filed or if the opposition resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 24-30 months, depending on oppositions or delays. Our firm ensures a smooth registration experience.

Patents

Patent protection in Vietnam is governed by the Intellectual Property Law of 2005, amended in 2022, administered by the National Office of Intellectual Property (NOIP). Vietnam is a member of the PCT, Paris Convention, and TRIPS Agreement.

● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are patentable. Exclusions include scientific discoveries, aesthetic creations, and methods for medical treatment. Computer-implemented inventions may be patentable if tied to technical solutions.

● Patent Types: The law covers invention patents, utility solutions (similar to utility models), and industrial designs. Plant varieties are protected under separate legislation.

● Duration: Invention patents are protected for 20 years; utility solutions for 10 years, both from the filing date, non-renewable.

● Examination Process: NOIP conducts formal and substantive examinations. Applicants can request accelerated examination via the ASEAN Patent Examination Co- operation (ASPEC) or Global Patent Prosecution Highway (GPPH) programs.

● International Considerations: PCT filings are common, with NOIP acting as a receiving office. Data exclusivity for pharmaceuticals (5 years from product license) provides additional protection.

Contact Us

Ready to protect your IP in Vietnam? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.