Trademark for software startup company

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Question: We are an international enterprise software startup wishing to file for trademark application in Vietnam. Would you kindly email me your total cost for doing so? Thank you.

Answer: As one of the leading Vietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive way.

Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our fee schedule in relation to the trademark registration proceeding in Vietnam as follows:

1. FEE SCHEDULE

In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application. Below is the breakdown of charges for registering a trademark in Vietnam, in a smooth case, for your consideration:

 

Description Official Fees(USD) Attorney’s fee(USD)
1. Fee for conducting a trademark search per class [1]  55.00
2. Fee for filing an application for one class of G/S with up to 6 products in each class- Fee for each additional class of G/S in the application (if any)

– Fee for each additional products in exceed of 6 in each class (if any)

40.0033.00

7.00

 160.0045.00

3.00

3. Fee for granting a registration certificate for one trademark in one class of G/S;- for each additional class of G/S in the application  20.7.00  45.003.00
TOTAL:(sum of numbers in bold) 265.00
In words: Two hundred and sixty five US dollars

Note: The above-quoted fees do not include 5% VAT, bank charge (USD30) and actual communication cost(USD35~50). In case of any office action or any possible opposition which may occur during the application prosecution, an additional charge would be incurred on an hourly basis (at the rate of US$150 per hour) which depends on the complexity of each case.

 2.PROCEDURE AND TIMELINE

In Vietnam, the duration for a trademark application from mature to proceed to registration is round 14-18 months from the filing date, involving these stages (1) examination as to formality and publication on the Gazette (3 months); (2) examination as to substance (9-12 months) and (3) issuance of registration certificate for the registered mark (2-4months). Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

3. REQUIRED DOCUMENTS AND INFORMATION

–       Name and address of the the Applicant;

–       List of Goods/Services that seek protection;

–       Specimen of the applied mark (in soft copy);

–       An original Power of Attorney (POA).

Notes:

– For Vietnamese applications, the POA is simply signed by the Applicant only. Please further noted that a scanned/faxed copy of the POA is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date;

– In Vietnam class headings and/or general description of designated goods/services are not applicable. The G/S should be correlative to those having code number listed in the Nice classification 10th edition (if known).

We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us. We look forward to hearing from you very soon.