WHAT IS TRADEMARK REGISTRATION?

Trademark Registration

In common language trademark is the identity of the business. General public and people in connection with the trade identifies with trade mark the origin of the goods and services. It could be name, logo, symbols, device or a combination of them.

Register trademark in Vietnam 

ADVANTAGE

If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, Trademark Registration is essential.

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.

You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

Brand Name & Logo

Information Form

Form TM 48

FAQ

Why we should file for trademark registration?

Filing for Trademark Registration is strongly advised as it is first the first step towards protecting the identity of your business. It establishes your claim of ownership of that mark and gives you the exclusive right to use the mark on or in connection with the trade or provision of services for which the mark has been filed.

What are the different types of trademark?

Now, due to recent changes we have only five categorisations at the time of making trademark application. These are:

1. Word Mark

2. Logo

3. Device Mark

4. Small Mark

5. Taste mark

Who can file Trademark application?

Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

What is the difference between trademark registration and copyright registration for logo?

A logo can be protected both under the Trade Marks Act and Copyrights Act. TM Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.

What is the validity of a trademark registration?

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

How long does it take to register a trademark?

Registration of Trademark is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

Can I use the ® symbol?

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offence, with penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71