Filing Requirements - Trademark Applications in Vietnam

Documents

• 15 identical representations of the trademark (if applying for registration of a device mark), size should not be smaller than 8 x 8mm and not larger than 80 x 80mm;
• A Power of Attorney from the applicant (required within one month from the filing date).

Note: For all applications including applications for utility solution, patent, trademark and industrial design, notarization of Power of Attorney and Deed of Assignment is no longer required, just need to be signed the applicant if the applicant is a natural person; or by the authorized person of applicant if the applicant is a legal entity and affixed by the corporate seal of such an entity (if any).

Information

• Full name, address and nationality of the applicant;
• Description of the mark: meaning, colors claimed, transliteration into Roman letters, if necessary.
• List of goods and/or services; international classification of goods and services, if known. (Even though, Vietnam is not a member country of Nice agreement, the 9th edition of the Nice classification is still officially applied for purposes of the registration of marks in Vietnam.)

Filing Requirements - Recordal of License Agreement of Patents, Utility Solutions, Industrial Designs and Trademarks in Vietnam

Requirements of a License Agreement

1. Full name and address of the licensor and licensee;
2. Details of the licensed subject;
3. Scope of the license including:
   - type of license (exclusive/non-exclusive);
   - object of the license determined by the restrictions on the right to use and the restrictions on the industrial property object (patent for invention/utility solution/industrial design or certificate of registration of trademark);
   - territorial restriction (the Vietnamese territory);
   - duration (within the duration of the patent for invention/utility solution/ industrial design or of the certificate of registration of trademark);
   In case of a sub-license, the license scope must fall within the license scope of the exclusive. license agreement on the corresponding sub-license.
4. Price of the license;
5. Rights and obligations of each party;
6. Conditions for amendment, termination and invalidation of the agreement;
7. Measures of settlement of complaints and disputes;
8. Date and place of signing;
9. Signatures of the parties or of their authorized representatives with the full names, and positions of the signatories;

Documents Required for Recordal of a License Agreement

• A Power of Attorney from the licensor and licensee (required within one month from the filing date);
• Two originals or certified copies of the agreement, including appendix or appendices (if any) and their Vietnamese translations;
• A certified copy of the patent of invention/utility solution/industrial design or certificate of registration of trademark. If the agreement to be approved is a sub-agreement, it must be accompanied by a copy of the certificate of registration of the corresponding exclusive agreement;

Notes:

• License agreement should be recorded with the Vietnam National Office of Industrial Property to be enforceable;
• Multiple page agreement must have signatures of both assignor and assignee on each pages or all pages must be attested and marginally stamped;
• For all applications including applications for utility solution, patent, trademark and industrial design, notarization of Power of Attorney and Deed of Assignment is no longer required, just need to be signed the applicant if the applicant is a natural person; or by the authorized person of applicant if the applicant is a legal entity and affixed by the corporate seal of such an entity (if any).

Filing Requirements - Recordal of Assignment of Patents, Utility Solutions, Industrial Designs and Trademarks in Vietnam

Requirements of an Assignment Agreement

• Full name and address of the assignor and assignee;
• Details on the assigned subject;
• Price of the assignment and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the agreement;
• Method of settlement of complains and disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories.

Documents Required for Recordal of an Assignment Agreement

• A Power of Attorney from the assignor and assignee (required within one month from the filing date);
• Two originals or certified copies of the agreement, including appendix or appendices (if any) and their Vietnamese translations;
• Original patent of invention/utility solution/industrial design or certificate of registration of trademark.

Notes:

• Assignment must be recorded with the Vietnam National Office of Industrial Property in order to be enforceable;
• Request for recordal should be filed within 60 days from the date of signing of the agreement;
• Multiple page agreement must have signatures of both assignor and assignee on each pages or all pages must be attested and marginally stamped;
• For all applications including applications for utility solution, patent, trademark and industrial design, notarization of Power of Attorney and Deed of Assignment is no longer required, just need to be signed the applicant if the applicant is a natural person; or by the authorized person of applicant if the applicant is a legal entity and affixed by the corporate seal of such an entity (if any).

Filing Requirements - Renewal of Industrial Design Patent & Trademark Registration in Vietnam

In order to renew a industrial design patent & trademark registration, a renewal application, with prescribed renewal fee, must be filed within 6 months before the expiration date of the patent/registration, or within a grace period of six months after the expiration date, with payment of an additional fee of 10% of normal fee for each month overdue.

Required documents

• A Power of Attorney or a instruction letter (required at the filing);
• The original industrial design patent or the original certificate of trademark registration, if endorsement on the patent or the certificate is required by the holder (required at filing).

Note: For all applications including applications for utility solution, patent, trademark and industrial design, notarization of Power of Attorney and Deed of Assignment is no longer required, just need to be signed the Applicant if the Applicant is a natural person; or by the authorized person of applicant if the applicant is a legal entity and affixed by the corporate seal of such an entity (if any).