PADEMARK - Patent Attorneys/Trademark Attorneys in Vietnam

A trademark is a sign used to distinguish the goods or services of different entities or individuals. A registrable mark must be a visible sign in the form of letters, words, pictures, figures, including three-dimensional figures or a combination thereof, represented in one or more colours, and capable of distinguishing goods or services of the trademark owner from goods or services of others. Slogans are registrable as trade marks in Vietnam provided they are distinctive either inherently or upon proof of acquired distinctiveness.

According to Vietnam IP Law and Regulations, both opposition and appeal proceedings are available. At any time  prior to the registration is isued,  from the date of publication of the pending trademark application any third party can file a written opposition with the NOIP to oppose against the grant or refusal to grant a certificate of trademark registration. Post-registration opposition is possible on the grounds of bad faith and/or unregistrability. Applicant or any third party having rights and/or interests relating to the NOIP’s decision with respects to the prosecution of a pending patent application may appeal in an appropriate manner.

The time limit for entry into Vietnam national phase of a PCT application under both PCT Chapter I and PCT Chapter II is 31 months computed from the priority date. A late entry within six months after the 31 month period expires is available provided that the applicant shall pay a late entry fee.