Registering a Trademark in Vietnam
| Requirements for Acquiring Design |
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In order to file a design application, the applicant is require to furnish with a Power of Attorney authorizing PADEMARK to file the design application with the National Office of Intellectual Property of Vietnam (“NOIP”) and prosecute on behalf of the applicant.
Information § Full name, Address, and Nationality of the applicant(s)/inventor(s); § Priority Data including number of priority application(s), filing date, country of priority. DOCUMENTS § Description of industrial design and claim(s) in English (if any). § Photos/drawings (6 sets) for each design illustrating the front, rear, left, right, top, bottom, and perspective views. § Certified copy(s) of priority document(s) (if any). § Deed of Assignment of the right to file application if the applicant has been assigned the right from other legal party(s). § Power of Attorney authorizing PADEMARK to file the design application. Note · Fax copies of photos/drawings are acceptable at filing, provided that the originals must be submitted to the National Office of Intellectual Property of Vietnam (NOIP) within one (01) month from the date of the NOIP’s Notice. · Power of Attorney and Deed of Assignment documents are not required at filing. However said originally signed documents must be submitted within one (01) month from the date of the NOIP’s Notice. Notarization is not necessary. · Certified copy(s) of priority application(s) need to be submitted to the NOIP within three (03) months from the filing date. TIME FRAME FOR OBTAINING DESIGN PATENT § The NOIP shall conduct the formality check for design application within one (01) month from the filing date. The applications shall be published within two (02) months from the date of acceptance. The published application shall be substantively examined within six (06) months from the date of publication. § On average, the time frame for obtaining design patent in smooth cases is estimated to be approx. 12 months from the filing date. § The validity term of trademark registration is five years counted from the filing date. The term can be renewed twice, each time for five years.
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