PADEMARK - Patent Attorneys/Trademark Attorneys in Vietnam

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.

OPPOSITION

According to Vietnam IP Law, both pre-registration opposition and post-registration opposition are possible. The opponent must file an opposition in writing against the grant or refusal to grant a trademark registration during the period from the publication of the trademark application until the issuance of trademark registration. After the registration has been granted, the opponent can file such post-registration opposition any time within the validity duration of the registration in case the opposition is made on the ground of bad faith, or within five years from the granting date of the trademark registration in case the opposition is made on the ground of unregistrability.

APPEAL

Applicant(s) or any third party having rights and/or interests in relation to the NOIP’s decision or notification with respects to the prosecution of a pending trademark application may appeal the NOIP’s decision or notification either to the Ministry of Science and Technology or or initiate a lawsuit to the court in accordance with the Intellectual Property Law and relevant laws. The appellant must file a first instance appeal to the NOIP as the authority directly issuing the decision/notification. In case that the appellant does not agree with the administrative decision of the NOIP on the first instance appeal, the appellant may choose to further appeal against the first instance appeal’s decision by filing a further appeal (second instance appeal) against the first instance appeal’s decision to the Ministry of Science & Technology (MOST), or bringing a lawsuit to the administrative courts to appeal against the first instance appeal’s decision in accordance with the civil proceedings.