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GUIDES ON REGISTRATION IN VIET NAM

General requirements

Patent application for invention/utility solution

Patent application for industrial design

Layout-design of semiconductor registration applications

Trademark registration applications

Recognition of well-know trademarks

Geographic indication registration applications

Renewal, Annuity and Duplication

Recordal of a license contract/assignment agreement

Copyrights registration applications

GENERAL REQUIREMENTS                                                                           TOP

General requirements for industrial property registration applications

Any one application may only request one certificate of protection, the type of which must be consistent with the industrial property object stated in the application. All application documents must be prepared in Vietnamese, except for following documents may be prepared in languages other than Vietnamese but must be translated into Vietnamese:

Power of Attorney;

Document certifying the lawful right to file an application, if the applicant is the beneficiary of a right to file the application from another person (certificate of inheritance, certificate or agreement of transfer of right to file the application, including transfer of an application already filed, contract for work assignment or labour agreement, and so forth);

Documents evidencing basis of entitlement to priority right (certification from the body which received the application in the case of a copy application or first application; list of goods and services for first registration of a mark; certificate of transfer of priority right if such right was received from another person), which must be translated into Vietnamese language if the National Office of Intellectual Property so requires;

The originals or copies of documents support the application, which must be translated into Vietnamese language if the National Office of Intellectual Property so requires.

All application documents must be presented in portrait orientation (although pictures of drawings, diagrams and tables may be presented in landscape orientation) on single-sided paper of A4 size (210 mm x 297 mm) with twenty (20) millimeters wide margins from each of the four edges, except for supporting documents the originals of which are not included in the application.
PATENT APPLICATION FOR INVENTION/UTILITY SOLUTION                 TOP

Required information

  1. Full name, address and nationality of the applicant;

  2. Full name, address and nationality of the inventor(s);

  3. Title of the invention/utility solution;

  4. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);

  5. The latest list of international classifications of inventions/utility solutions in accordance with the Strasbourg Agreement;

  6. International filing number and publication number (in case of PCT applications entering the Vietnam National Phase).

 Required documents

  1. Specification consisting of the Title, Description, Claims and Abstract: Vietnamese version - 02 copies; English version - 01 copy;

  2. Drawings (if any) - 02 copies;

  3. Original Power of Attorney (notarization is not required for filing only), of which a copy is accepted for filing an application but the original one must be submitted within 01 month from the filing date;

  4. Certified copy of the priority document (only for applications claiming priority under Paris Convention), which shall be submitted within 03 months from the filing date and must be translated into Vietnamese language if the National Office of Intellectual Property so requires;

  5. As to PCT applications entering the Vietnam National Phase, apart from the above documents, the following PCT documents are required: PCT publication, International Preliminary Examination Report (PCT/IPER/409) (if any), Notification of Change (PCT/IB/306) (if any), International Search Report (PCT/ISA/210)... The original Power of Attorney and Deed of Assignment can be submitted within 34 months from the priority date.

Notes:                                                                                                                    TOP

Since it is required that the Vietnamese version of the specification be submitted at the filing time, the English version must be early provided for the translation work. If sending the specification causes any inconvenience, the PCT application number or the publication number should be early informed for downloading the specification from the available database.

General information

Term for applications claiming priority under Paris Convention is 12 months from the priority date.

Term for PCT applications to enter the Vietnam National Phase is 31 months from the priority date.

An international application filed with the National Office of Intellectual Property within six months of expiry of time-limit above may be accepted on condition that the applicant pays the specified fees.

Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Patent Office in necessary cases.

A request for substantive examination must be filed within 42 months (as to invention) or 36 months (as to utility solution) from the first priority date.

Time for formality examination is 01 month from the filing date and for substantive examination is 12 months from the publishing date (if the request for substantive examination is filed before the publishing date) or from the request date (if the request is filed after the publishing date).

Invention Patents shall have validity beginning on the grant date and expiring at the end of 20 years as from the filing date; Utility solution Patents shall have validity beginning on the grant date and expiring at the end of 10 years as from the filing date. All such patents are unrenewable.

Annuity is required to be paid only after a Patent is granted.
PATENT APPLICATION FOR INDUSTRIAL DESIGN                                   TOP

Required information

  1. Full name, address and nationality of the applicant;

  2. Full name, address and nationality of the designer;

  3. Title of the design stating the article for which registration is sought;

  4. The international index for classification of industrial designs being registered (according to the Locarno Agreement) (if possible);

  5. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed).

Required documents

  1. 06 sets of photos/drawings illustrating the design. The photos/drawings shall present the industrial design to the same scale. The dimensions of the industrial design in a photo or drawing shall not be less than 90 millimeters by (x) 120 millimeters and shall not exceed 190 millimeters by (x) 277 millimeters. There must be as many photos/drawings of the design as they are taken to show all the different sides of the design; All photos and drawings shall present the industrial design from the same direction and in order of the following dimensions: three-dimensional perspective, and views from the front, back, right-hand side, left-hand side, from above and from below and all these views must be front face;

  2. Brief design description in English showing the distinctive features of the design to be protected and the field in which the industrial design is used;

  3. Original Power of Attorney (notarization is not required for filing only), of which a copy is accepted for filing the application but the original one must be submitted within 01 month from the filing date;

  4. Certified copy of the priority document (in case of applications claiming priority under Paris Convention), which can be submitted within 03 months from the filing date;

  5. If there are grounds for suspecting the industrial design contains other objects such as trademarks, commercial names, and so forth, the National Office of Intellectual Property may require the applicant to file, within one month of the date of such requirement, documents verifying ownership or right to use such trademarks, commercial names, and so forth.

General information

Industrial design Patents shall have validity beginning on the grant date and expiring at the end of 5 years as from the filing date and renewable for two consecutive terms of 5 years (max. 15 years).

Different variants of a design can be filed in a single application or separate applications. In the latter case, a statement that the design is one variant of the previously filed design is required. All variants of a design are granted only one Design Patent.

Term for applications claiming priority under Paris Convention is 06 months from the priority date.

Duration from the filing to granting date is at least of 09 months, of which 01 month is for formality examination, 02 months is for publication and 06 months is for substantive examination.

Deed of Assignment and the Vietnamese translation of the priority document may be required by the Vietnamese Industrial Design Office in necessary cases.
LAYOUT-DESIGN REGISTRATION APPLICATIONS                                   TOP

Required information

  1. Full name, address and nationality of the applicant;

  2. Full name, address and nationality of the designer;

  3. Name and symbol of integrated circuit which is used to distinguish from others.

Required documents

  1. 05 sets of photos/drawings illustrating the integrated circuit, each set includes one of three categories: Drawings applicable to each appropriate circuit; and photos and drawings from every perspective for production of each circuit; Sets of photos and drawings must be photos and drawings of each layer of the layout design with the symbol for each layer and dimensions of each circuit; Sets of photos and drawings must be on the same scale, enlarged to more than 20 times the actual size; Photos and drawings may be on A4 size paper or larger so long as it can be folded to A4 size;

  2. 05 samples for production if the layout design is to be commercially exploited and an explanatory statement of same. Sample integrated circuits must be fully compatible with the layout design in the application;

  3. The description of a sample integrated circuit produced from the layout design includes information specifying the nature of integrated circuit such as name/symbol, basic functions, basic structure, production technology of the sample integrated circuit and main characteristics to distinguish it from other semi-conducting circuits;

  4. Original Power of Attorney, of which a copy is accepted for filing the application but the original one must be submitted within 01 month from the filing date;

  5. A request for protection of confidentiality of information (if required).

General information

If no third party objects within 3 months from the date of announcement of the layout design in the Gazette or if a third party objects but there is a conclusion that the objection is not legitimate, then the National Office of Intellectual Property shall sent the applicant a notice of intention to issue a certificate of registration of a layout design.

Layout-design of semiconductor integrated circuit registration Certificates shall have validity beginning on the grant date and expiring at the earliest date among the following:

  • The end of 10 years as from the filing date or the date the layout-designs were first commercially exploited anywhere in the world by the person having the right to registration or his or her licensee;

  • The end of 15 years as from the date of creation of the layout-designs.
TRADEMARK REGISTRATION APPLICATIONS                                          TOP

Required information

  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 bearing the trademark and if possible, the class(es) of the respective goods/services according to the International Classification (in accordance with the Nice Agreement);

  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.

Required Documents

  1. A Power of Attorney from the applicant (notarization is not required for filing only); 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 1 month from the filing date;

  2. Eleven (11) specimens of the mark (the size of each specimen is not smaller than 8mm x 8mm 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.

Notes:

  • A trademark application can cover more than one class of different goods/services;

  • The list of 9th international classification in accordance with the Nice Agreement is applicable in Vietnam.

General information

The protection title of a trademark is a Trademark Registration Certificate, which shall have the validity beginning on the granting date and expiring at the end of 10 years counted from the filing date and renewable indefinitely for consecutive terms of 10 years.

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.

In avoidance of refusing to grant the trademark certificate, the applicant should conduct a search on registrability of the mark before filing an application. Our firm is able to provide any search on IP subject with reliability of more than 90%.

RECOGNITION OF WELL-KNOW TRADEMARKS                                       TOP

Required documents

  1. Notarized Power of Attorney from the Applicant to NTK (required at filing; a fax copy is acceptable provided that the original is submitted within 1 month from the filing date);

  2. A certified copy of the Business License (required at filing);

  3. Eleven (11) samples of the mark seeking the recognition as being well-known trademark;

  4. Documents proving that the mark is well-known. They should include, but not limited to, those which clearly show:

  1. The estimated number of concerned consumers who may know the mark through buying, selling, or using the products or services bearing the mark, or through advertisement of the mark;

  2. The territory where the products or services bearing the mark are circulated;

  3. The turnover from selling the products and/or supplying services bearing the mark, or number of products sold;

  4. The duration of continuous use of the mark;

  5. The wide fame of the goods/service bearing the mark;

  6. The number of countries where the mark is registered;

  7. The number of countries where the mark is recognized as famous mark;

  8. The value of the mark in business transactions, such as assignment, licensing, investment capital contribution, etc.

GEOGRAPHICAL INDICATION REGISTRATION APPLICATIONS             TOP

Required documents

  1. Notarized Power of Attorney from the Applicant to NTK (required at filing; a fax copy is acceptable provided that the original shall be submitted within 1 month from the filing date);

  2. A certified copy of the Business License (required at filing);

  3. Description of the characteristics/quality/reputation of the product;

  4. Two (02) maps of the relevant geographical location;

  5. Twelve (12) examples of presentation of the geographical indication which must have dimensions not less than 20 millimeters by (x) 20 millimeters and not exceeding 80 millimeters by (x) 80 millimeters.

Note:

Geographical indication registration Certificates shall have indefinite validity beginning on the grant date.

RENEWAL, ANNUITY AND DUPLICATION                                                   TOP

Annuity for Invention and Utility Solution Patents 

Required documents

  1. Power of Attorney from the owner to NTK;

  2. Data related to the Patent including Patent Number, Patent owner, the filing date, granting date, priority date;

  3. The effective year for which the annuity should be paid;

  4. Number of independent claims (if available).

Renewal for Industrial Design Patent and Trademark Registration

Required documents

  1. Power of Attorney from the owner to NTK;

  2. Original Patent /Certificate.

Notes:                                                                                                                    TOP

Annuity and Renewal fees can be paid in the duration of six months before the due date;

Late paying the said fees is accepted provided that it is not later than 6 months from the due date and the surcharge of 10% per late month is added.

Duplication in Vietnam

Required documents 

  1. Notarized Power of Attorney to NTK;

  2. Formal letter from rights' owner to National Office of Intellectual Property of Vietnam presenting the reason causing the missing or the damage of Patent or Registration Certificate;

  3. Sample of the mark, or set of drawings and photos of the industrial design the same as were in the original certificate of protection.

Recordal of a change in name and/or address

Required documents

  1. Notarized Power of Attorney from the Right's Owner to NTK;

  2. Notarized Declaration on Change of Name and/or Address by the Owner, or certified copy of Official Record on change of Name and/or Address (required at filing);

  3. Original Patent or Certificate.

RECORDAL OF A LICENSE CONTRACT/ASSIGNMENT AGREEMENT    TOP

Recordal of a license contract

Required documents 

  1. Notarized Power of Attorney from both licensor and licensee to NTK;

  2. Two original/certified copies of License Contract; If the Contract to be recorded is a Sub-contract, it must be accompanied by a copy of the Certificate of Recordation of the corresponding exclusive Contract; if the contract is in a language other than Vietnamese, a Vietnamese translation must be included; each party must have signed each page or the pages must be affixed with an overlapping seal;

  3. Written consent of co-owners regarding the transfer of the right if the industrial property right is jointly owned;

  4. Certified copy of the Patent of Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration; 

  5. Notarized copy of Business License/Investment License in case of licensing a trademark and the Licensee is a Vietnamese entity.

Recordal of an assignment agreement

Required documents 

  1. Notarized Power of Attorney to NTK;

  2. 02 (two) original notarized or certified copies of Assignment Agreement; if the contract is in a language other than Vietnamese, a Vietnamese translation must be included; each party must have signed each page or the pages must be affixed with an overlapping seal;

  3. Original Patent or Certificate;

  4. Written consent of co-owners regarding the transfer of the right if the industrial property right is jointly owned;

  5. A notarized copy of Business License/Investment License if the Assignee is a Vietnamese entity.

COPYRIGHTS REGISTRATION APPLICATIONS                                         TOP

Required Information 

  1. Full Name, Address, Nationality of the Applicant;

  2. Full Name, Pseudonym (if any), Nationality, Date of Birth, Address of the Author(s) and the Owner of work;

  3. Title, type of the work, date, place and form of publication of the work (if any);

  4. A brief description of the work;

Required Documents

  1. Notarized Power of Attorney from the applicant to NTK;

  2. Three complete copies of the work (required at filling);

  3. Notarized Deed of Assignment from the Author(s) to the Applicant if the Applicant and the Author(s) are not the same (required at filling).

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