Vietnam
Trademarks and Service Marks
Sources of Legislation
National Legislation
- The
Civil Code, which took effect on July 1, 1996, replaced the
old law and regulations on industrial property in Vietnam, among
other laws.
- Decree
63/CP, which took effect on October 24, 1996, provides detailed
regulations and guidelines for implementing the provisions of
the Civil Code on industrial property.
- Circular
No. 3055/TT-SHCN, which was promulgated by the Ministry of Science,
Technology and Environment on December 31, 1996 and took effect
on January 15, 1997, provides detailed guidelines on industrial
property application procedures.
International Conventions
- The
Socialist Republic of Vietnam acceded to the Paris Convention
for the Protection of Industrial Property of March 8, 1949 (as
revised at Stockholm on July 2, 1976), the Madrid Agreement
of March 8, 1949 concerning the International Registration of
Marks (as revised at Stockholm on July 2, 1976), and the Stockholm
Convention of July 2, 1976 establishing the World Intellectual
Property Organization (WIPO).
Instruction
Notes
Application
for Registration:
All words in
a mark and all documents required for filing an application must
be translated into Vietnamese. All translations will be prepared
by Tilleke & Gibbins.
Applications
should be filed for the registration of each individual class
of trademark and should be submitted to cover each subsequent
class, if required. Vietnam has adopted the International Classification
system.
The
description of the trademark should fully reflect the intended
purpose as well as the significance of each and every element
of the mark. If the trademark is expressed in the form of letters
or words, the significance and composition of the said letters
or words should be adequately explained. If, however, the trademark
takes the form of an image or picture, an embossed design or a
combined form, a legend should be provided for each of the elements
of the mark. For a multicolored mark, each of the colors utilized
must be described in detail.
The
following documents are required:
- Twenty-two
specimens of the trademark. The specimens must be presented
on high quality paper by drawn or printed images, photos or
photocopies of the related mark, each size of the specimen being
no less than 5 cms. and not more than 8 cms. If a trademark
assumes a fixed color (or fixed colors), such a color (or colors)
shall be manifested by the specimens presented. Tilleke &
Gibbins will prepare the prints upon request.
- Documents
evidencing information on the origin and prize(s) awarded to
a particular product, etc., if the trademark contains such information.
- Application
for priority, including documents evidencing the filing date
and the country where the application for trademark registration
was first filed, if the applicant intends to enjoy the right
of priority of the international conventions on industrial property
to which Vietnam is a party.
- Power
of Attorney in the prescribed form and certified by a notary
public in the applicant's country of residence. A Power of Attorney
is valid for all applications filed in Vietnam by the same applicant.
- Assignment
deed for a trademark already registered or application for registration
already filed, if any.
- An
English translation of any non-English words in the mark, or
in the notarized Power of Attorney.
Examination of the Application
for Registration:
An examination of the trademark application
will be conducted within a period of 12 months from the date the
application was filed in due form. The results of such examination
will be communicated to the applicant thereafter.
Record of Change:
If the company changes its name or address,
a certified copy of the Certificate of Change of Name or Address
and Power of Attorney from the company in its new name is required.
In case of a change in the list of goods, instructions for such
a change plus the original trademark registration certificate
are required.
Validity of the
Registration:
The term of protection shall be 10 years
following the date the application for registration was filed
in due form. The
term of protection may be extended for periods of 10 years each
time following the expiration date of any previous term of protection.
In order to extend the term of protection, the owner of the mark
should file an application for renewal through Tilleke & Gibbins
7 months prior to the expiration date of the current term of protection.
Exclusive
Names of Origin
Registration
for exclusive names of origin can be made to designate product
origin, quality and characteristics, including geographical environment,
natural human factors or a combination thereof.
License
Contracts
Owners
of trademarks and certification marks may grant exclusive right
of use of their marks to licensee upon registration. The license
contract is a legally binding document between the parties regarding
any changes, termination, etc. The documents required for registration
are:
- Two
copies of the license contract.
- Original
certificate obtained for the mark concerned.
- A
duly notarized Power of Attorney.
- One
copy of the royalty payment.
- Services
Offered by Tilleke & Gibbins via Bangkok Office
-
Registration
Renewal
Assignment
Interview with Examiners
Amendments
Trademark Search
Appeals
License Contract
Duplication
Suspension
Other Services
For more information, please
contact Ms. Vipa Chuenjaipanich,
Co-Managing
Partner and Managing Director, Intellectual Property Department,
Tilleke & Gibbins (e-mail vipa.c@tillekeandgibbins.com).
(Updated
April 1, 2001)
ŠTilleke
& Gibbins, Bangkok, Thailand
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