Friday, March 23, 2018

b. Filing Guidance for trademark registration in Vietnam

In Vietnam, multi-class applications are acceptable i.e. an application can be filed for more than one class of goods or service with payment of additional fee for each additional class. Class headings or general description of goods/services is no longer acceptable, except for some class headings which has basic number listing in the International Nice Classification. To avoid a potential Official Action in the formality examination process, it is necessary to designate the detailed goods/services, preferably each item of the goods/services is equivalent or correlative to a basic number listing in the International Nice Classification.



  1. Full name, address and nationality of the applicant;
  2. Description of the trademark: meaning, colors claimed, translation or transliteration of characters into English if the mark contains foreign characters;
  3. List of goods/services to be covered by the trademark and if possible, the class(es) of the respective goods/services according to the International Classification (if known);
  4. If a priority is claimed: statement of country, application number and filing date of the original foreign application from which the priority is claimed.


  1. Power of Attorney from the applicant (notarization is not required);
  2. 15 specimens of the mark (the size of each specimen is not smaller than 15mm x 15mm and not larger than 80mm x 80mm);
  3. If the Convention priority is claimed: a certified copy of the priority document(s) and the English translation thereof.

Note: A copy of the executed Power of Attorney can be accepted at the time of filing trademark application, but the original one must be submitted within 30 days from the filing date.


In accordance with the legal regulations on trademark in Vietnam, KENFOX provides the following advice for possible reference:

  1. A trademark application can cover more than one class. The priority right belongs to the person who first files application for trademark registration. In Vietnam, "first-to-file" (not first-to-use) principle is applied. Therefore, it is advised to file application for trademark registration as soon as possible.
  2. The time limit from the filing to granting date is 12 months, of which 01 month is for formality examination, 02 months are for data preparation for publication of the application and 09 months are for substantive examination and publication of trademark application;
  3. The protection title of a trademark is a Trademark Registration Certificate, which is effective from the granting date;
  4. The validity term of a Trademark Registration Certificate is 10 years from the regular filing date and can then be renewed indefinitely for consecutive periods of 10 years;
  5. A Trademark Registration Certificate can be suspended by a request made by any third party if it is not used in five successive years without any proper reason.
  6. Since the fee for filing trademark application depends on the number of goods/services in a class, all the generic terms are not accepted for registration. The applicant, therefore, is required to clarify all the generic terms (if any) in the list of goods/services.

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