Up to 80% of businesses not protecting their trademarks and at risk of infringement

A sign (can be words, images or words combined with images expressed in one or more colors) used to distinguish goods and services of different organizations and individuals.

Associated trademarks are trademarks registered by the same entity, identical or similar to one another, used for products or services of the same type or related.

Group logos are trademarks used to distinguish goods and services of members of the organizations that own such trademarks with goods and services of other organizations/ individuals.

It usually takes about 2 - 2.5 years to apply for a successful trademark protection registration. However, depending on the number of applications submitted and the processing speed of staff at the NOIP, the application can be issued earlier or later than the time mentioned above.

It is impossible for other parties to do faster, because all representatives to register trademarks only apply on your behalf (therefore are applicants), and the handling agency is the NOIP. Time spent on handling applications depends on the number of records that NOIP is staff must handle, so it might change a little.

Protection title is valid for 10 years from the time the application is received. When this period is over, you can extend it.

Certified copies are photocopied documents that have been sent to authorities such as People is Committee of the commune/ward or notary offices to be confirmed as true to the original.

If you want to register a trademark as a business owner, please provide: (1) - a certified copy of business registration certificate not exceeding 03 months; (2) ID card of the business's legal representative not exceeding 3 months ; (3) - accurate logo design and its meaning explanation/description (if any).

If you want to register a logo as a personal property, please provide: (1) - a copy of your ID card no more than 3 months; (2) - accurate logo design and meaning explanation/logo description (if any).

You can check whether your trademark has been registered before, or whether it is similar/causes confusions with other parties at the Intellectual Property Department is Digital Library of Industrial Property by the following link: http://iplib.noip.gov.vn/WebUI/WLogin.php

To know whether your logo is eligible for exclusive logo registration, you need to determine:

1. Is your logo truly a logo (a sign made of words, images or words associated with images, expressed in one or more colors)?

2. Is your logo able to differentiate its goods and services from other businesses is goods and services of the same type? If the anwers to the above questions are yes, you can register your logo for protection.

Asoka Law will assist customers to check whether their logos are eligible for exclusive registration, and offer free preliminary advice. (Usually logo checkup will cost a fee on the market, with different prices).

Following is the process of how Asoka Law handle records for customers in Ho Chi Minh City.

Step 1: Logo Checking Customers send logos via email consult@asokalaw.vn, and Asoka will check within 30 minutes. If the logo is eligible for registration, we will notify and send the Contract to customers. The two parties sign contracts, transfer fees and necessary documents.

Step 2: Prepare applications Asoka Law draft applications and send specialists to clients offices/places of request to sign and receive applications. The applications are submitted to the National Office of Intellectual Property within 24 hours from the time the customer signs.

Step 3: Hand over the applications Asoka Law sends the registered applications back to the customers together with handover minutes. Asoka Law is responsible for monitoring the records and handling problems arising until customers receive the Certificate of Trademark Registration.

Following is the process of how Asoka Law handle records for customers not in Ho Chi Minh City:

Step 1: Logo Checking Customers send logos via email consult@asokalaw.vn, and Asoka will check within 30 minutes. If the logo is eligible for registration, we will notify and send Contracts to customers. The two parties sign contracts, transfer fees and necessary documents.

Step 2: Prepare applications Asoka Law draft applications/instruct customers to sign the applications. Customers print applications and sign as instructed, after that deliver applications and contracts to the address of Asoka Law. The applications will be submitted to the National Office of Intellectual Property within 24 hours from the time Asoka receive them.

Step 3: Hand over the applications Asoka Law sends the registered applications back to the customers together with handover minutes. Asoka Law is responsible for monitoring the records and handling problems arising until customers receive the Certificate of Trademark Registration.

Trademark registration applications are processed at the National Office of Intellectual Property in the following order:

Step 1: Form Verification: Assessing the validity of application according to the requirements about form, excluded objects, and the right to apply... from which to decide whether the applications are valid or invalid. Evaluation time is 1 month from the filing date.

Step 2: Publication of valid applications: Trademark applications accepted as valid are published in the Industrial Property Gazette within 2 months from the date of being accepted as a valid. The publications are information related to valid applications stated in notices on acceptance of valid applications, trademark samples and lists of accompanied goods and services.

Step 3: Content evalulation Valid applications recognized as valid shall be evaluated in terms of content to assess the possibility of granting a Trademark Registration Certificate to the object stated in the applications under protection conditions. The time limit for evaluating trademark application contents is 9 months from the date of publishing of the applications.

Bước 4: Thu phí cấp Giấy chứng nhận đăng ký nhãn hiệu: Sau khi thẩm định nội dung Cục Sở Hữu Trí Tuệ yêu cầu chủ sở hữu nhãn hiệu tiến hành nộp phí cấp văn bằng. Chủ sở hữu nộp phí và chờ cấp Giấy chứng nhận đăng ký nhãn hiệu. 

Bước 5: Cấp Giấy chứng nhận đăng ký nhãn hiệu: Sau 02 tháng kể từ ngày nộp phí cấp giấy chứng nhận đăng ký nhãn hiệu. Chủ sở hữu nhãn hiệu nhận Giấy chứng nhận đăng ký nhãn hiệu sau 1 - 1,5 năm kể từ ngày nộp đơn. aaa

Yes. Asoka Law accepts payment in cash for clients in Ho Chi Minh City. For clients wishing to pay for services in cash, please ask Asoka Law staff to show Payment Note signed and sealed by Asoka Law is legal representative. We will assign staff to collect money at the location required by customers.

Asoka Law accepts bank transfer for payment. For individuals who require invoices for service, please transfer the Contract value to the following account number: Account number: 210571109 - Account holder: Duong Nu Cam Tam - Asia Commercial Joint Stock Bank (ACB) - Nguyen Van Troi branch