PROCEDURES OF CONSULTATION AND REGISTRATION OF A TRADEMARK
  • Step 1: Preliminary search and advice on the possibility of a trademark registration (right of registration, list of goods & services…) and related costs;
  • Step 2: Searching, Consulting after searching;
  • Step 3: Preparing application;
  • Step 4: Filing at NOIP;
  • Step 5: Notifying formality exam result;
  • Step 6: Notifying substantative exam result;  
  • Step 7: Granting Fee payment;
  • Step 8: Renewal notification (by both automatic softare and manual)

REGISTRATION PROCEDURE FOR TRADEMARKS
1. Minimum documents
  • 02 Declaration for registration
  • 10 identical mark specimens that satisfy the following requirements:
(a mark specimen must be clearly presented with the dimensions of each element of the mark ranging between 8 mm and 80 mm, and the entire mark must be presented within a mark model of 80 mm x 80 mm in size in the written declaration; For a mark involving colors, the mark specimen must be presented with the colors sought to be protected)                                                                    
  • List of goods & service (Nice Int classification)
  • Fee and charge
  • Power of attorney (in case the request is filed through a representative);
Note: For an application for registration of a collective mark or certification mark, in addition to the documents specified above, the application must also contain the following documents:
  • Regulations on use of collective marks and certification marks;
  • Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin);
  • Map showing the indicated territory (if the to-be-registered mark is a mark for certification of the geographical origin of a product);
  • Document of the People's Committee of a province or city directly under the Central Government permitting the use of geographical names or signs indicating the geographical origin of local specialties to register a trademark (if the registered mark is a collective mark certification mark contains place names or signs indicating the geographical origin of local specialties).
2. Other documents (if any)
  • Documents certifying the permission to use special signs (if the trademark contains emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state agencies/ organizations or international organizations, etc.);
  • Paper on assignment of the right to file an application (if any);
  • Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
  • Documents evidencing the right of priority (if the patent application has a claim for priority right).
3. Notes
[The trademark description: the sample of the mark must be described in order to clarify elements of the mark and the comprehensive meaning of the mark, if any; where the mark consists of words or phrases of hieroglyphic languages, such words or phrases must be transcribed; where the mark consists of words or phrases in foreign languages, such words or phrases must be translated into Vietnamese. If the mark contains numerals other than Arabic and Roman numerals, those numerals must be transliterated into Arabic numerals. The section “List of goods and services bearing the mark” in the written declaration must be divided into groups in accordance with the International Classification of Goods and Services under the latestversion of Nice Agreement published by the NOIP in the Industrial Property Official Gazette.]

4. Time limit for processing trademark registration applications
From the date on which the registration application is received by the NOIP, the registration application of a trademark shall be examined in the following order:
  • A trademark registration application shall have its formalityexamination within 01 month from the filing date.
  • Publication of trademark registration applications: A trademark registration application shall be published within 02 months after it is accepted as a valid application;
  • An industrial property registration application shall be substantively examined within 09 months from the date of application publication.
5. Methods of filing application 
The applicant may choose paper filing or online filing through the NOIP's online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the NOIP's application receiving places, specifically as follows:
  • Head Office of NOIP, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
  • Representative Office of NOIP in Ho Chi Minh City,
  • Representative Office of NOIP in Da Nang City,
b) Online filing
- Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registered account which is approved by the NOIP on the Online Application Receiving System.
- Online filing: 
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the NOIP’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an NOIP’s officer will issue the application number in the Online Application Receipt System.

PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS
1. Procedure for amendment of trademark applications
- Before the NOIP issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the NOIP.
- A request for application amendments includes:
  • 02 declarations requesting application amendments
  • Documents certifying the change of the application
[In response to a request for amendment or supplementation of the trademark registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: 05 identical mark specimens, list of goods and services bearing the mark. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
  • Power of attorney (in case the request is filed through a representative);
  • Fee for application amendments request
- An application amendments request is filed after the NOIP issues Notification of intended grant of certificates and pay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, the mark specimens, list of goods and services bearing the mark and regulations on the use of collective or certification marks), the application must be re-examination and the fee for substantive re-examination is calculated based on the number of objects.
- The time limit for processing a dossier for registration of a trademark application amendments request is 02 months.
 
2. Procedure for transfer of trademark applications
- Before the NOIP issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the NOIP to record the transfer of his/her application to another person. 
- A request for application transfer includes:
  • 02 declarations requesting application transfer
  • Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
  • Power of attorney (in case the request is filed through a representative);
  • Fee for application transfer request
- An application transfer request is filed after the NOIP issues Notification of intended grant of certificates, the application must be re-examinationandpublish the content of the transfer contract. The fee for substantive re-examination is calculated based on the number of objects.
- The time limit for processing a dossier for registration of a trademark application transfer request is 02 months.

3. Procedure for division of trademark applications
- Before the NOIP issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the NOIP, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
- A request for application division includes:
  • 02 Declaration for registration (in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parentapplication must be specified);
  • 10 identical mark specimens;
  • Documents request in writing, proposal for dividetrademark application;
  • Power of attorney (in case the request is filed through a representative);
  • For each divisional application, the applicant shall pay all fees and charges for procedures:
* In case the elements in the trademark are divided into divisional applications and parent application has not yet had the result of substantive examination of applications, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
- Parent applications shall be amended and the divisional content should be published by NOIP. A request for application amendments includes:
  • 02 declarations requesting application amendments;
  • Documents certifying the change of the application;
  • Fee for application amendments request.
- The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.
 
PROCEDURE RELATED TO TRADEMARK PROTECTION TITLES
1. General provisions on renewal of validity of protection titles
Trademark patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. The validity of a certificate of registered mark may be extended many times for a period of ten years each for all or part of the list of goods and services in a mark registration.
To have the validity of his/her trademark protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
- A request for renewal of protection titles’ validity includes:
  • Declaration requesting renewal of protection titles’ validity
  • Original protection title (if the extension is requested to be recorded in the protection title);
  • Power of attorney (in case the request is filed through a representative);
  • A copy of the receipt of fees and charges as prescribed;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the request for validity renewal within 01 month from the date of receipt of the request.
- If the request is considered valid, the NOIP shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the NOIP shall issue a decision on its rejection of the request for protection title renewal.
 
2. General provisions on grant of protection title duplicates and reissue of protection titles
In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the NOIP to grant duplicates of the protection title but shall pay a fee therefor.
In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the NOIP to reissue the protection title/duplicate of protection title but shall pay a reissue fee: the protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.
- A request for grant of duplicates/reissue of protection titles includes:
  • Declaration requesting grant of duplicates/reissue of protection titles,
  • 02 identical mark specimens;
  • Power of attorney (in case the request is filed through a representative);
  • A copy of the receipt of fees and charges as prescribed;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.
- Result: If that request satisfies the above requirements, the NOIP shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/reissue of a protection title fails to satisfy the requirements above, the NOIP shall issue a decision on its refusal to grant duplicates/refusal to reissue the protection title.

3. General provisions on amendment or change of holders of protection titles
The holder of a protection title may request the NOIP to record changes in that protection title in the following cases: change in the name or address of the protection title holder; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency...).
Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property. 
A request for narrowing of the protection coverage: request for modification of some details without any substantial change in the mark specimen stated in the certificate of registered mark; request for exclusion of one or several goods or services or groups of goods or services from the list of goods or services.
- A written request for amendment or change of holders of protection titles comprises the following documents:
  • Written declaration requesting amendment of the protection title
  • Original protection title;
  • Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
  • Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
  • Documents explaining in detail the modified contents;
  • 05 identical mark specimens (modification of the mark specimen);
  • 02 Regulations on use of collective marks and certification marks (modification of the regulations on use of collective marks and certification marks);
  • Power of attorney (if the request is filed through a representative);
  • A copy of the receipt of fees and charges as prescribed;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for trademarks not exceeding 06 months.
In complicated cases, the time limit for re-examination must be extended. However, it must not exceed the time limit for examination of applications for establishment of rights.
- Result: If the request is considered valid, the NOIP shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the NOIP shall issue a decision on its rejection of the request for protection title amendment.
 
4. General provisions on assignment of protection titles
Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (herein after referred to as “contract”).
An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (NOIP).
- A dossier for registration of an industrial property right assignment contracts comprises the following documents:
  • Written declaration for registration of the contract on transfer of industrial property rights
  • The contract;
  • Original protection title;
  • Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;
  • Power of attorney (if the dossier is filed through a representative);
  • Fee and charge receipts;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the requests forregistration ofassignment of protection titleswithin 02 months from the date of receipt of the request.
- Result: If a dossier for registration of anassignment of protection titles contains no error, the NOIP shall issue a decision on registration of the contract; register and publish it in the Industrial Property Official Gazette. If a dossier for registration of the contract contains errors, the NOIP shall issue a decision on its rejection of the request for protection title assignment.
 
5. General provisions on licensing of industrial property objects
Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (herein after referred to as “license contract”).
- A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:
  • Written declaration on the industrial property licensing contract
  • 02 originals or 02 valid copies of the contract;
  • Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;
  • Power of attorney (if the dossier is filed through a representative);
  • Fee and charge receipts;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the requests for registration of the license contractwithin 02 months from the date of receipt of the request.
- Result: If a dossier for registration of anindustrial property licensing contract contains no error, the NOIP shall issue a decision on the grant of a certificate of registration of anindustrial property licensing contract; register and publish it in the Industrial Property Official Gazette. If a dossier for registration of the contract contains errors, the NOIP shall issue a decision on its rejection of the request for registration of an industrial property licensing contract.
 
6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects
Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract.
The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.
Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.
The amendment of contents, extension and ahead-of-time termination of validity of registered contracts on licensing of industrial property objects shall all be recorded by the NOIP.
- A dossier requesting recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object must be made in writing and comprise the following documents: 
  • Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object
  • The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);
  • Documents evidencing the amendment of the names and addresses of the contracting parties;
  • Agreements or documents on recording of specific contract clauses that need to be modified or supplemented, including the extension or ahead-of-time termination of validity of the contract;
  • Power of attorney (if the request is filed through a representative);
  • Fee and charge receipts;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the requests forrecording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.
- Result: If the dossier is valid, the NOIP shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the NOIP shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.
Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.
 
7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract
- A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:
  • Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts
  • Power of attorney (in case the request is filed through a representative);
  • A copy of the receipt of fees and charges as prescribed;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.
- Result: If that request satisfies the above requirements, the NOIP shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the NOIP shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract. 
 
8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)
In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the NOIP shall examine the requestand decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.
- A request for termination of validity of protection title includes:
  • Declaration requesting termination of validity of protection titles
  • Written description of the reason for requesting the termination of validity of protection title;
  • Power of attorney (in case the request is filed through a representative);
  • A copy of the receipt of fees and charges as prescribed;
  • Other documents (if necessary).
- The time limit: NOIP shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.
- Result: Based on the result of the examination of requests for termination of validity of protection titles, the NOIP shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.