What is a Trademark Protection Certificate?
A Trademark Protection Certificate, also referred to as a Certificate of Trademark Registration, is an essential legal document evidencing an individual’s or organization’s ownership of a trademark. It is issued by a competent state authority (specifically, the Intellectual Property Office of Vietnam – IPVN) to establish industrial property rights over a trademark.
The certificate is valid for the duration stated therein, typically commencing from the date of issuance and lasting ten (10) years from the date of application. It may be renewed multiple times consecutively, each renewal term being ten (10) years, covering either the entire or partial list of designated goods/services.
How to search for a Trademark Protection Certificate
There are two (02) primary methods for searching trademark protection certificates:
- Method 1: Search on the online database of the National Office of Intellectual Property of Vietnam
+ Step 1: Entering the official trademark search site at: https://ipvietnam.gov.vn/nhan-hieu
+ Step 2: Choosing the section of Vietnam trademark search (WIPO Publish) and typing the relevant trademark information in the search box.
+ Step 3: Typing classification information.
+ Step 4: Entering product/service group and specific product/service information (e.g., automobile), and clicking “Search” once all information is filled out.
- Method 2: Search trademarks at the Vietnam Intellectual Property Office
+ Such a method involves assistance from an Intellectual Property specialist. The client must authorize an Intellectual Property representative organization to liaise with the examiner and submit the trademark search request. The examiner will then search the trademark via the Vietnam Intellectual Property database. This method incurs a search fee.
Conditions for granting a Trademark Protection Certificate
Pursuant to Article 72 of the Law on Intellectual Property 2005, a trademark shall be protected if it satisfies the following conditions:
- It is a visible sign in the form of letters, words, drawings, images, including three-dimensional forms or a combination thereof, presented in one or more colors;
- It is capable of distinguishing the trademark owner’s goods/services from those of others.
Thus, the two fundamental conditions under Vietnamese law are: a recognizable sign and distinctiveness.
Notes when registering a Trademark Protection Certificate
- Registration fees:
+ Application fee: 150,000 VND
+ Publication fee: 120,000 VND
+ Preliminary search fee: 180,000 VND per product/service class
+ Additional search fee (from 7th product/service onwards): 30,000 VND /item
+ Substantive examination fee: 550,000 VND per product/service class
+ Additional examination fee (from 7th product/service onwards): 120,000 VND /item
- Timeline:
+ Formality examination: 1 month
+ Application publication: within 2 months from the date the application is accepted as valid
+ Substantive examination: up to 9 months from the publication date
- Termination of Trademark Protection Certificates
A trademark protection certificate may be terminated in accordance with Vietnamese Intellectual Property Law in the following cases:
+ Failure to pay renewal or maintenance fees;
+ Voluntary relinquishment of rights by the certificate holder;
+ The certificate holder no longer exists or ceases business without a lawful successor;
+ The trademark has not been used for five (05) consecutive years without legitimate reason, unless such use is resumed at least three (03) months before the termination request;
+ For collective trademarks: ineffective enforcement or lack of control over compliance with usage regulations;
+ For certification trademarks: breach of usage regulations or ineffective control thereof;
+ Geographical indications lose their distinctive characteristics due to changes in relevant geographical factors.
Renewal procedures for Trademark Protection Certificates
To renew the certificate, the holder must submit a renewal request within six (06) months before the expiry date. Late submissions are allowed within six (06) months post-expiration but incur an additional late fee.
- Required documents:
+ Renewal request form (Form 02-GH/DTVB under Appendix C of Circular 01);
+ Original certificate (if renewal recordation is requested);
+ Power of attorney (if submitted via representative);
+ Fee payment receipts;
+ Other supporting documents (if necessary).
- Processing time: 1 month from the filing date
- Renewal fees:
+ Renewal fee: 100,000 VND per class
+ Late renewal fee: 10% of renewal fee per month of delay
+ Examination fee: 160,000 VND per certificate
+ Certificate usage fee: 700,000 VND per class
+ Publication fee: 120,000 VND per application
+ Registration fee for renewal decision: 120,000 VND per certificate
Grounds for refusal of Trademark Protection Certificates
- Registering a trademark is not particularly difficult, yet there are many instances where applications are rejected due to failure to meet legal conditions. Below are common grounds for refusal under Articles 73 and 74 of the Intellectual Property Law 2005:
+ The mark resembles or imitates national flags, emblems of states;
+ Descriptive trademarks (e.g., registering "NGON" or "Delicious" for a restaurant);
+ Trademarks identical or similar to well-known marks or existing registered marks;
+ Marks violating public order or social morality (e.g., containing inappropriate or religiously offensive content);
+ Misleading signs regarding origin, quality, functions, or characteristics.
- The design of the trademark greatly affects whether the Intellectual Property Office approves or rejects the trademark registration application. Therefore, in case your application for a Trademark Protection Certificate is rejected, it needs to pay attention to the following issues:
+ Combine visual and textual elements to enhance distinctiveness and recognition;
+ Avoid imitating flags, emblems, or governmental insignia;
+ Ensure the trademark does not replicate or closely resemble existing trademarks;
+ Design the mark to effectively convey the intended brand message to consumers.
We hope this article has provided you with a comprehensive understanding of trademark protection certificates and related legal matters. Should you have any questions, please contact NPLaw for accurate and timely legal support.
