Trademark Application in Vietnam

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Question: Our company is intending to file a trade mark application in Vietnam.

Please also let us have a breakdown of the fees (attorney fee, official fee and disbursements, if applicable) for the whole process, i.e. from the filing to the registration of the trade mark.

Answer:

Regarding your enquiries concerning the subject matter, we would like to advise 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

1.1 Trademark search (Optional)

Trademark search for 01 trademark in one class

 

 

Description

Official Fees (USD) Attorney Fees (USD)
Fee for conducting 01 trademark search in 01 class

(optional)

 

 

85.00

Bank charge 20.00
Subtotal 105.00
5% VAT 5.25
 

TOTAL

110.25

One hundred ten US Dollars and twenty five cents

Note: The above-quoted fees include 5% VAT of our service charge, bank charges.

1. 2 Trademark registration

Trademark registration for one trademark in one class:

 

 

Description

Official Fees (USD) Attorney’s fee (USD)
1. Fee for filing an application for the first class 60.00 140.00
within 6 items*
–      For each additional classes from the second one

–      For each additional goods/services from the 7th

45.00

 

9.00

90.00

 

3.00

goods/services in each class
2. Fee for granting certificate for the first class 21.00 30.00
– For each additional classes from the second 8.00 10.00
one
Communication Cost 30.00
Bank charge 20.00
Subtotal (in bold) 301.00
5% VAT 15.05
Total (sum of Items in bold)

In words:

316.05

Three hundred sixteen US dollars and five cents

 

Note: The above-quoted fees include 5% VAT of our service charge, bank charges and actual communication costs. 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.

2.    Procedure and timeline

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

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

– List of Goods/Services

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

– An original Power of Attorney which is simply signed by the Applicant. No need notarization. (SBLAW’s form). No need notarization. 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.