International Registration

Posted On: 03/03/2021

II. PROCEDURES FOR INTERNATIONAL REGISTRATION OF TRADEMARKS OF VIETNAMESE ORIGIN UNDER THE MADRID SYSTEM

1.1 Conditions and Procedures for Filing International Trademark Applications of Vietnamese Origin Under the Madrid System

Eligibility

  • Individuals holding citizenship in a Madrid System member state, or organizations with a real and effective industrial or commercial establishment in a Madrid System member state, have the right to file international trademark applications under the Madrid System.

Base Application / Registration

  • International trademark applications filed under the Madrid System must be based on a basic application already filed with IP Viet Nam or a basic registration already granted a Certificate of Trademark Registration by IP Viet Nam.

Application Dossier Requirements

An application dossier for international trademark registration of Vietnamese origin comprises:

  1. 02 Declaration forms requesting international registration of a trademark of Vietnamese origin, typed according to Form No. 06-DKQT (Appendix C of Circular No. 01/2007/TT-BKHCN);

  2. 02 copies of Form MM2 [downloadable from the official WIPO website: http://wipo.int (language used: English)];

  3. 05 trademark prints (In the case of a color trademark, in addition to 05 color prints, the applicant must also submit 05 black-and-white prints);

  4. Power of Attorney (if the international application is submitted through an industrial property representation agency);

  5. Photocopy of the basic application or photocopy of the Certificate of Trademark Registration;

  6. 02 copies of Form MM18 (in cases where the international application designates the United States);

  7. Preliminary formal examination fee payable to IP Viet Nam: $2,000,000\text{ VND}$;

  8. International Bureau fees, details of which are published on the official WIPO website: http://wipo.int.

1.2 Filing Methods

Applicants may submit international trademark applications of Vietnamese origin directly or via postal services to any of the following application receiving offices of IP Viet Nam:

  • Headquarters of IP Viet Nam:

    386 Nguyen Trai Street, Thanh Xuan District, Hanoi.

  • Representative Office of IP Viet Nam in Ho Chi Minh City:

    7th Floor, Ha Phan Building, 17/19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.

  • Representative Office of IP Viet Nam in Da Nang City:

    3rd Floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City.

Postal Filing Note: In the case of filing via post, applicants must transfer the required fees via postal money transfer services and attach a photocopy of the money transfer receipt to the application dossier sent to one of the receiving points above as proof of payment.

(Note: Fee transfers must be directed to the same receiving point where the physical postal application is sent).

Application Forms

  • Declaration Form for Amendment / Renewal / Re-issuance of Duplicate / Termination / Cancellation of Protection Titles (promulgated under Circular No. 16/2016/TT-BKHCN dated June 30, 2016 by the Ministry of Science and Technology).

  • Appendix C - Form No. 06-DKQT: Declaration Requesting International Registration of a Trademark of Vietnamese Origin.

  • Appendix C - Form No. 07-DKCD: Declaration for Registration of Converted Trademarks.

  • Appendix C - Form No. 08-SDQT: Declaration Requesting Renewal / Amendment / Assignment / Territorial Expansion / Limitation of List / Termination / Cancellation of International Trademark Registration.

(Source: IP Viet Nam)