Q&A: New Trademark Application in Vietnam

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New Trademark Application in Vietnam

Q: We have a client who wishes to file a trademark application in Vietnam.  We would be grateful if you could advise us of the total costs for filing a trademark application in one class covering 6 item of goods.

Your quotation should include your attorney fees, official fees, approximate disbursements and tax, if any, from filing to registration.  Please also advise us of the document requirements, and the time period normally required from filing to registration.

We look forward to hearing from you soon.

A: Thank you very much for your email of today regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our updated fee schedule in relation to the trademark registration proceeding for one class with 06 items 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 trademark in one class in a smooth case, for your consideration:

Description

Official Fees

(USD)

Attorney’s fee

(USD)

1.   Fee for filing an application for one class of G/S with up to 6 items  

40.00

90.00
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)  

20.00

 

30.00

3. Communication fee 30.00
Sub-total: 210.00
5% VAT: 10.50
Bank charge: 30.00
Total: 250.50
In words:Two hundred and fifty US dollars and fifty cents only

Note: In case of any office action or any possible opposition which may occur during the application prosecution, an additional charge would be incurred (minimum US$300).

2.PROCEDURE AND TIMELINE

The duration for a trademark application from mature to proceed to registration is around 14-18months 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;

–       List of Goods/Services

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

–       An original Power of Attorney which is simply signed & sealed by the Applicant. 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.

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.