Trasomark: Everything You Need to Know

Trademark Registration in Vietnam

Vietnam is renowned as the next “Factory to the World”.  In fact, it is also a swiftly growing emerging economy. With a vast domestic market and an increasingly brand-conscious consumer base, Vietnam offers significant opportunities. Boasting a population over 96 million people and a middle class projected to reach 50% of the population by 2035, Vietnam presents huge opportunities for brands. To protect your brand and succeed in this dynamic market, trademark registration is a crucial step.  It is also important to build consumer trust in this evolving marketplace. This article will provide an overview of the process for trademark registration in Vietnam and highlight some key aspects of the system.

Taiwan is an integral part of the Greater China Region sharing the same culture and language with mainland China, Hong Kong and Macau.

It is therefore no surprise that the economies of these regions are closely connected with each other. Taiwan’s well-developed infrastructure, including modern transportation systems, communication networks, and logistics facilities, make it easy to access markets in Asia and around the world.

With a strong focus on innovation and technology, particularly in the electronics and high-tech sectors, Taiwan is home to many global tech giants and is known as one of the world’s leading producers of semiconductors and computer components.

These factors have contributed to the rapid economic growth of Taiwan, attracting foreign investments and fostering expansion opportunities for businesses.

Registering trademark in Taiwan allows businesses to establish their brand presence in this dynamic market which can also facilitate them to expand their operations in the region.

In this article, we will provide you with an overview of the trademark registration process in Taiwan and discuss some of its key features.

Stardust IP

Stardust Intellectual Property is a group of expert consultants who are familiar with intellectual property and law. The advisory members have served as corporate intellectual property legal counsel for listed technology companies for many years and have the experience and ability to manage intellectual property rights and handle cross-border patent/trademark infringement disputes and litigation.

Vietnam Trademark Registration Process

The expected timeframe for completing a straightforward application is approximately 18 to 24 months.

1. Trademark Search

Conducting a comprehensive trademark search is a crucial step before initiating the trademark registration process. This search helps assess the availability of the mark and identify existing trademarks that might conflict with the proposed mark. The National Office of Intellectual Property of Viet Nam (“IPVN”) provides an online database for applicants to conduct preliminary searches, making it easier to gather information about existing trademarks.

2. Application

Once the trademark search indicates the availability of the mark, the next step is to file a trademark application with the IPVN on its online platform. Alternatively, you may submit the paper application in person or by post at the IPVN offices. The application should include the applicant’s name and address, a clear representation of the mark, a description of the goods or services associated with the mark, and the filing fee. If you engage a trademark agent in Vietnam to file the application for you, a power of attorney will also be required. No notarization nor legalization is required.

3. Procedural Examination

After the application is filed, the IPVN will review it to see if all the required information has been provided and if there is any deficiency.

4. Publication and Opposition

Upon approval of the application by IPVN, the mark will be published within two months following the deficiency examination. This publication period grants third parties a window of 60 days to oppose the registration. Oppositions may be raised if any party believes that their existing rights are being infringed upon by the mark.

5. Substantive Examination

If no oppositions are filed or successfully resolved, the IPVN will conduct an examination to assess the distinctiveness and potential conflicts of the mark. This examination includes reviewing existing trademarks and determining if the mark meets the criteria for registration.

6. Registration and Renewal

If no opposition is filed during the publication period, your trademark will be registered and you will receive a certificate of registration. Vietnam trademark registration is valid for 10 years from the date of registration, not from the date of application. It is possible to renew the registration for additional 10-year periods indefinitely.

Before submitting an application for trademark registration, it is recommended to conduct a trademark search in Taiwan to ensure that your desired trademark is available and not already registered by someone else.

Unfortunately, the Taiwan Intellectual Property Office (TIPO) does not provide official search, but you could engage a local trademark agent for conducting an unofficial trademark search in Taiwan.

It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share wOnce the search results warrant further action, you can submit an application for registration to the TIPO.

The application must include the name and address of the applicant, a clear image of the mark, a description of the goods or services that the mark will be used etc.

If you engage a trademark agent in Taiwan to file the application for you, a power of attorney will also be required.ith the world. Whatever it is, the way you tell your story online can make all the difference.

After your application is submitted, the TIPO will carry out a thorough check to see if all the required information has been provided and if they are correct.

At this stage, the TIPO will examine whether the application should be refused for any relative grounds or absolute grounds.

If your trademark application is approved, it will be published in the TIPO's official gazette for a period of three months.

During this publication period, third party has the opportunity to file an opposition to your registration.

If no opposition is filed during the publication period, your trademark will be registered and you will receive a certificate of registration.

Taiwan trademark registration is valid for 10 years from the date of registration, not from the date of application.

It is possible to renew the registration for additional 10-year periods indefinitely.

Key Aspects of Vietnam Trademark Registration

Vietnamese is the official filing language in Vietnam: Vietnam trademark applications must be filed in Vietnamese language. In the event that any supporting document is not in Vietnamese, it is mandatory to provide its translated version for submission. To ensure the precision and proper conveyance of the original document's intended meaning so as to protect your trademark rights in Vietnam, it is crucial to exercise diligence during the translation process.
Vietnam adopts a "first-to-file" system, meaning that the first person or entity to file a trademark application for a specific mark will have priority over the others. It is essential to promptly file an application to secure rights to a mark in Vietnam.
Similar to many jurisdictions, Vietnam allows applicants to file a single application to protect their mark across multiple classes of goods or services. This simplifies the process and slightly reduces costs, although additional costs might incur if the multi-class application is required to be divided.
It is not possible to register series marks in Vietnam. Each variation of the mark needs to be filed as a separate application. This approach will lead to an increase in the overall cost as application fees will be required for each individual mark.
For each group of goods/services registered for more than 6 items, additional fees must be paid for each item from the 7th onwards.

We hope you find this summary informative and can facilitate your self-application in Taiwan. That said, DIY trademark could be tricky and if you need professional advice and guidance on trademark law, including the registration process, potential issues, and strategies to protect your Taiwan trademark, Trasomark and a reliable trademark agent in Taiwan are available to assist you.

Please note that the information presented in this article offers a broad introduction, and it is recommended to seek guidance from Trasomark or a trustworthy trademark agent to receive comprehensive assistance concerning trademark registration in Vietnam.

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