Pharma brand name registration

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Question: We are manufacturers of pharmaceutical formulations. We intend to register the brand names in Vietnam. Please advise process and formalities.

Answer:

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

  1. FEE SCHEDULE

1.1      Trademark information

–       Trademark: (Please specify)

–       Class: (Please specify)

1.2      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:

1.2.1. Trademark searches (Optional) 

Trademark search for 01 trademark in one class

Description Official Fees

(USD)

Attorney’s Fees

(USD)

1. Fee for conducting search 01 trademark in one class (optional) 85.00
5% VAT: 4.25
Bank charge 25.00
TOTAL 114.25

                        In words: One hundred fourteen US Dollars and twenty-five Cents

Note: The above-quoted fees include 5% VAT of our service charge, bank charges ($US 25.00)

1.2.2. Trademark registration

Trademark registration for one trademark in one class:

Description Official Fees

(USD)

Attorney’s Fees

(USD)

1.   Fee for filing an application and issuing certificate      forone class of goods/services within 6 items*

–      for each additional Class from the 2nd one

–     for each additional goods/services from 7th one (if any)

65.00

45.00

10.00

190.00

122.00

5.00

2. Fee for granting a registration certificate for one trademark in one class of G/S (without limitation of number of goods/services in each class)*

–  Fee granting a registration certificate for each additional class from the 2nd one

22.00

 

8.00

68.00

 

41.00

3.  Communication cost 30.00
Sub-total: 375.00
5% VAT: 18.75
Bank charge: 25.00
TOTAL 418.75

 In words: Four hundred eighteen US Dollars and seventy-five Cents 

Note:  The above-quoted fees include 5% VAT of our service charge, bank charges ($US25.00) and actual communication costs ($US30.00). In case of any office action or possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

  1. Procedure and timeline

2.1. The duration of a trademark searches is around 10-15 working days.

2.2. The duration for a trademark application from mature to proceed to registration is around 14-18 months from the filing date, involving these stages (1) examination as to formality and publication on the Gazette (3-4 months); (2) examination as to substance (9-12 months) and (3) issuance of registration certificate for the registered mark (2-4 months). 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 Applicant (International transaction name and address in English version or non-latin character language transliteration)

–                List of Goods/Services (it must be translated into English version)

–                Specimen of the applied mark (in e-copy only)

–                An original Power of Attorney which is simply signed by the Applicant. No need notarization or legalization (SBLAW’s form). Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date; One original Power of Attorney can be used for filling one or more applications.