Certificate of Trademark Registration

The Certificate of Trademark Registration is commonly referred to as the “protective title.” It constitutes a vital legal instrument safeguarding the owner’s legal status in respect of the trademark. Pursuant to current regulations, a trademark certificate takes effect from its date of issue and remains valid for ten (10) years from the filing date of the application.

Procedure for Issuance of the Trademark Certificate

Once a clearance search confirms that the proposed mark is registrable, the applicant may file a trademark application with the Intellectual Property Office of Vietnam (IPVN).

• Formal Examination: 1–2 months from filing date.
• Publication: 2 months in the IPVN’sIntellectual Property Gazette.
• Substantive Examination: 9–12 months.
• Issuance of Certificate: 1–2 months from receipt of official fee-payment notice.

Renewal of the Trademark Certificate

Renewal of the trademark certificate is mandatory to maintain protection beyond the initial ten-year term.

• Late Renewal: May be filed within six (6) months after expiry.
• Late-Payment Surcharge: 10% of the official renewal fee per month of delay.
• Consequence of Non-Renewal: Automatic lapse of the certificate.

Opposition to Issuance of a Trademark Certificate

To protect legitimate rights, any third party may file an opposition against a pending trademark certificate if the applied-for mark contains words or devices confusingly similar to an existing mark.

Who May Oppose: Any third party; multiple oppositions per application permitted.

Scope: Grounds include registrability, priority, protectability, and other substantive objections.

Timing: From publication of the application in the Gazette until the decision to grant the protective title.

Form: Written notice of opposition, with supporting documents or citations.

Receiving Authority:

• Intellectual Property Office of Vietnam.
• 384–386 Nguyễn Trãi, Thanh Xuân Trung Ward, Thanh Xuân District, Hanoi, Vietnam.

Required Documents:

1. Letter of opposition
2. Supporting evidence
3. Power of attorney (if filed via agent)
4. Proof of payment of opposition fees

Procedure & Timeline:

1. IPVN notifies the applicant within one (1) month of receipt of the opposition, granting one month to respond
2. IPVN may forward the applicant’s reply to the opponent, granting one month to comment
3. IPVN adjudicates based on submitted evidence and arguments

Outcome: IPVN issues one of the following:

• Decision to refuse issuance if opposition upheld.
• Notice of rejection of opposition if unfounded, stating reasons.
• Request for additional submissions, setting deadlines for both parties.

Amendment of the Protective Title

Under the Intellectual Property Law, the registered owner may request amendment of the owner’s name on the protective title, subject to payment of prescribed fees.

Application for Amendment must include:

1. Amendment request form, specifying the new owner’s name
2. Original Certificate of Trademark Registration
3. Official documents evidencing name change (e.g., certified business-license copy or decree)
4. Power of attorney (if applicable)
5. Proof of payment of amendment and publication fees

Re-issuance of the Trademark Certificate

Given the significant time and resources invested in obtaining a trademark certificate—and its critical role in enforcing rights—owners must safeguard the original certificate. In case of loss or damage, immediate steps should be taken to request re-issuance.

Grounds for Re-issuance

• Original certificate is lost
• Original certificate is damaged (torn, stained, illegible)

Documents Required for Re-issuance

1. Re-issuance request form (prescribed template)
2. Original certificate (if damaged)
3. A specimen of the trademark matching the original
4. Power of attorney (if filed via agent)
5. Proof of payment of re-issuance fee

Processing Time

• Statutory period: 01 month from complete submission
• Actual period: May extend by 2–3 months due to high volume of requests

Outcome

• If compliant, IPVN issues a re-issued certificate, annotated as “Duplicate”
• If non-compliant, IPVN issues a refusal notice stating the reasons