GENERAL & FLOW CHART FOR OBTAINING A TRADEMARK CERTIFICATE
- Trademark means any sign used to distinguish goods or services of different organizations or individuals.
- General criteria for trademark to be granted a certificate:
(a) It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours.
(b) It is capable of distinguishing goods or services of the mark owner from those of other subjects.
- The time frame for:
(a) the process of preliminary examination is within 01 month from filing date;
(b) publication on IP Gazetta: 02 months
(b) the process of substantive examination is within 09 months from publication date.
- The term of validity of trademark certificate is 10 years counted from the filing date and renewable indefinitely for consecutive terms of 10 years.
5.The following signs shall be ineligible for protection as trademark:
a). Signs identical with or confusingly similar to national flags or national emblems.
b).Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations.
c).Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.
d).Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by such organizations.
e).Signs which cause misunderstanding or confusion or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of goods or services.