Question: We are the Malaysia-based company planning to export ice cream under our own brand name to Vietnam. As I learned from your web-site you are operating in the field of legal protection. Thus, kindly let us know whether it is necessary to have a legal entity in VN or this procedure can be done without official presence and before we start exporting?
Answer:
Concerning the subject matter, as one of the leading Vietnamese law firms, we are capable of assisting you with handling all legal and intellectual property matters in Vietnam in an efficient and cost-competitive manner. For your further information, we cordially invite you to visit our official website at www.sblaw.vn. We hope to build up a long-term business relationship with your esteemed firm in the next time.
Regarding your enquiries concerning the subject matter, namely, that is the plan to export the products of ice cream to Vietnam without your official presence, in our opinion, you need to register and protect a trademark in respect of the ice cream products in Vietnam. Accordingly, we would like to advise you procedure and our fee schedule in relation to trademark registration in Vietnam as follows:
- FEE SCHEDULE
1.1. Trademark information
- Trademark: Please specify
- Class(es): Please specify
1.2. 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
1.2.1. Trademark searches (Optional)
Trademark search for 01 trademark in one class
| Description | Official Fees
(USD) |
Attorney’s Fees
(USD) |
| 1. Fee for conducting search 01 trademark inone class (optional) | - | 85.00 |
| 5% VAT: | 4.25 | |
| Bank charge: | 20.00 | |
| TOTAL | 109.25 | |
In words: One hundred and nine US Dollars and twenty five Cents
Note: - The above-quoted fees include 5% VAT of our service charge, bank charges ($US20.00)
- The search result will be conducted within 07-10 working days
1.2.2. Trademark registration
Trademark registration for 01 trademark in one class:
| Description | Official Fees
(USD) |
Attorney’s Fees
(USD) |
| 1. Fee for filing a trademark application for the first class of goods/services within 6 items*
- Fee for filing a trademark application for additional classes from the second one (If any) - Fee for each additional goods/services in one class (if any) |
65.00
45.00
10.00 |
190.00
150.00
4.00 |
| 2. Fee for granting a registration certificate for one trademark in one class of G/S (without limitation of number of goods/services in each class)* | 22.00
|
60.00
|
| Sub-total 1 (with *) | 87.00 | 250.00 |
| 3. Communication cost | 30.00 | |
| Sub-total 2: | 367.00 | |
| 5% VAT: | 18.35 | |
| Bank charge: | 20.00 | |
| TOTAL | 405.35 | |
In words: Four hundred and five US Dollars and thirty five Cents
Note: The above-quoted fees include 5% VAT of our service charge, bank charges ($US20.00) and actual communication costs ($US30.00). 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
2.1. The duration of a trademark searches is around 07-10 working days.
2.2. 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) (available)
- An original Power of Attorney which is simply signed by the Applicant. No need notarization or legalization. (SBLAW’s form). 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; One original Power of Attorney can be used for filling one or more applications.
