What are the steps for filing a trademark application and what documents are required?

1. Steps for filing a trademark application in Viet Nam

Step 1: Trademark search (recommended)

• Conduct a search to check whether the trademark is identical or confusingly similar to earlier-filed or registered marks.

• Assess the risk of refusal.

Step 2: Prepare the application dossier
The dossier generally includes:

1. Trademark application form (in the prescribed form of IP Viet Nam);

2. Trademark specimen (in the exact form and colours to be protected);

3. List of goods/services classified under the Nice Classification;

4. Power of Attorney (POA), if the application is filed through an IP representative;

5. Receipt of payment of official fees and charges;

6. Documents proving the right to file the application (if the right is acquired by assignment, inheritance, or from an employer, etc.);

7. Priority documents, if a priority right is claimed.

Step 3: File the application

• File with the Intellectual Property Office of Viet Nam (IP Viet Nam) or its representative offices in Ho Chi Minh City or Da Nang.

• Filing methods: in person, by post, or via the online filing system.

Step 4: Formality examination (about 1–2 months)

• Examination of the completeness and formal validity of the application.

• If the application is valid → Notification of acceptance as a valid application.

• If there are defects → Notification requesting amendment or supplementation.

Step 5: Publication of the application (within 2 months)

• The application is published in the Official Industrial Property Gazette.

Step 6: Substantive examination (about 9–12 months)

• Assessment of distinctiveness and registrability:

  • Not identical or confusingly similar to prior marks;

  • Not descriptive or deceptive;

  • Not contrary to public order or prohibited signs.

• The IP Office may issue a Notification of intended refusal, to which the applicant can respond with arguments and/or amendments.

Step 7: Grant of the Registration Certificate (about 1–2 months)

• After payment of the registration fee, recordal fee and publication fee,

• The Trademark Registration Certificate is issued.

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2. Information and documents to be provided by the client

1. Trademark specimen

   • In JPG/PNG/PDF format, in the exact colours to be protected.

2. List of goods/services

   • Clear list of products and/or services for which the trademark will be used.

3. Applicant’s details

   • Full name of the applicant (as per Business Registration Certificate or passport);

   • Full address;

   • Tax code (if any);

   • Country of incorporation or nationality.

4. Power of Attorney (POA)

   • Signed by the applicant (normally no notarisation required, unless specifically requested by law or in special cases).

   • The IP representative will provide the standard POA form.

5. Other supporting documents (if applicable)

   • Documents proving the right to file the application (assignment agreements, employment contracts, etc.);

   • Certified copies of the earlier application(s) if a priority right is claimed.