Question:
Our company is specialized in trademark protection and registration in various countries around the world, and we are currently looking for a regular partner in your country to represent our clients’ interests in trademark registration matters, including preparation of the responses to the provisional refusals of protection.
Please send us your full price list, especially for the services relating to the trademarks registration.
Answer:
Regarding your enquiries, we would like to advise you on the procedure and our fee schedule in relation to the trademark registration and the response to the provisional refusals of protection proceeding in Vietnam as follows:
I- TRADEMARK REGISTRATION
- Scope of works:
- Conducting trademark search;
- Providing legal advice on trademark registration;
- Preparing all neccesary forms/documents related to trademark registration procedures and filing the same with the National Office of Intellectual Property;
- Reporting on the status of the application to our clients for each stage of examination procedure;
- Reporting, providing legal advice and handling the refusal of the National Office of Intellectual Property (if any) during the application procedure;
- Receiving and handing the Certificate of Registration to our clients;
- Providing legal advice on using trademarks under protection;
- Updating the expiry date of the Certificate of Registration into our reminder system and will remind our clients to renew the registration on time;
- Fee schedule
In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.
Below is the breakdown of charges for registering a trademark in Vietnam, in a smooth case, for your consideration:
2.1. Trademark search (Optional)
| Description | Official Fees
(USD) |
Attorney’s fee
(USD) |
| Fee for conducting one trademark search in one class(optional) | - | 100.00 |
| Bank charges | 20.00 | |
| Sub-total | 120.00 | |
| 5% VAT | 6.00 | |
| TOTAL
In words: |
126.00
One hundred and twenty six US dollars |
|
Note: The above-quoted fees include 5% VAT of our service charge, bank charges ($US20)
2.2. Trademark registration
| Description | Official Fees
(USD) |
Attorney’s fee
(USD) |
| 1. Fee for filing an application for one class of goods/services within 6 items*
- for each additional Class from the 2nd one - for each additional goods/services from 7th one (if any) |
65.00
45.00 10.00 |
170.00
110.00 5.00 |
| 2. Fee for granting a registration certificate for one trademark in one class of G/S (without limitation of number of goods/services in each class)*
- for each additional class from the 2nd one |
22.00
8.00 |
60.00
35.00 |
| Bank charges | 30.00 | |
| Communication costs | 30.00 | |
| Sub-total (in bold) | 377.00 | |
| 5% VAT | 18.85 | |
| Total
In words: |
395.85
Three hundred ninety five US dollars and eighty five cents only |
|
Note: The above-quoted fees include 5% VAT of our service charge, bank charges ($US30) and actual communication costs ($US30). In case of any office action or possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.
- Procedure and timeline
The duration of a trademark searches is around 10-15 working days.
The duration for a trademark application from mature to proceed to registration is around 14-18 months from the filing date, involving these stages (1) examination as to formality and publication on the Gazette (3-4 months); (2) examination as to substance (9-12 months) and (3) issuance of registration certificate for the registered mark (2-4 months). Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.
- Required documents and information
- Name and address of the Applicant;
- List of Goods/Services;
- Specimen of the applied mark (in e-copy only)
- An original Power of Attorney which is simply signed by the Applicant. Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date.
II- The response to the provisional refusals in favor of trademarks registration.
- Fee schedule
In Vietnam, the response fees are calculated based on the complexity of the specific case. Below is the breakdown of charges for preparation for the most typical situation of response to the provisional refusals in favor of trademarks registration for your reference.
| Description | Attorney’s fee
(minimum) (USD) |
| Fee for a response caused by the presence of an earlier-filed similar or identical trademark by the argument of the distinctive of goods/services or structure of trademarks | 200.00-500.00 |
| Fee for a response caused by the presence of an earlier-filed similar or identical trademark by conducting investigations of 05 years of non-use and filing request for trademark cancellation. | 800.00 |
Fee for a response if negotiating and filing of a letter of consent |
350.00-650.00 |
| Fee for a response if amendments to the list of goods & services, details relating to the applicant's legal nature, name or address, or disclaiming elements are required | 180.00 |
| Fee for a response if proving that the claimed trademark has acquired distinctiveness by use before the filing of the application for registration of the mark | 1,500.00 -2,500.00 |
| Fee for a response when the refusal is grounded on the lack of claimed trademark distinctiveness or the infringements caused by claimed trademark non-compliance with the national regulations and laws. | 400.00-700.00 |
We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us.
