Procedure for Opposing a Trademark Application in Vietnam

The procedure for opposing a trademark application in Vietnam is a crucial legal mechanism that allows third parties to challenge the registration of a proposed trademark. This process serves to protect prior rights and maintain fair competition by ensuring that new trademarks do not infringe upon existing ones. Understanding the steps and requirements for filing an opposition is essential for any business or individual seeking to safeguard their intellectual property in Vietnam.

Grounds for Opposing a Trademark Application in Vietnam

Any organization or individual has the right to submit an opposition to the Intellectual Property Office of Vietnam against another party’s trademark application. The grounds for opposing a trademark application may include the following:

• The trademark comprises a sign that is not eligible for protection as a trademark.

• The trademark is identical or confusingly similar to a protected trademark in Vietnam for identical or similar products or services, which may cause confusion.

• The trademark is identical or confusingly similar to another party’s well-known trademark.

• The trademark is identical to another party’s trade name.

• The trademark infringes upon another party’s copyright.

• Other cases as stipulated by law.

Filing an Opposition to a Trademark Application in Vietnam

After a trademark application is publicly announced in the industrial property gazette, any third party may file an opposition against the registration of that trademark. The opposition must be submitted in writing to the Intellectual Property Office of Vietnam before a notification of intent to accept the trademark registration is issued.

In the opposition document, the opposing party must clearly state the grounds for the opposition, based on trademark registration regulations in Vietnam. The opposition filing must be accompanied by relevant documents and evidence, such as trademark registration certificates, business registration certificates, copyright registration certificates, etc.

Additionally, the opposing party is required to pay a fee and charges as prescribed for the review of the opposition.

Reviewing a Trademark Application Opposition

The Intellectual Property Office will notify the trademark applicant of the opposition filed and request their response to the opposition. The applicant’s response must be submitted to the Intellectual Property Office within the designated timeframe. If no response is received by the deadline, the Office will proceed to review and make a decision according to legal regulations.

The Intellectual Property Office will examine the opposition, along with any accompanying documents and evidence. This process may include cross-referencing with other trademark applications and verifying the validity of the opposition grounds.

Based on the review results, the Intellectual Property Office will issue a final decision on whether to accept the trademark application and will notify the relevant parties.

To ensure optimal protection of their rights, both the trademark applicant and the opposing party are advised to seek counsel from an intellectual property attorney.

The duration of the trademark opposition process in Vietnam

The duration of the trademark opposition process in Vietnam varies, depending on the time required for both parties to present their arguments, documents, and evidence. Typically, the process can be extended as each side gathers and submits supporting materials to strengthen their case. The timeline may be influenced by the complexity of the arguments, the responsiveness of the parties, and any additional reviews conducted by the Intellectual Property Office to assess the validity of the opposition grounds.

Trademark Registration and Opposition Services in Vietnam by DCNH LAW

DCNH LAW is a trusted partner for businesses and individuals seeking comprehensive trademark registration and opposition services in Vietnam. With years of expertise in intellectual property law, our team of specialized attorneys is committed to providing clients with efficient, secure, and professional support to safeguard their brand assets.

Trademark Registration Services

Registering a trademark is essential to protecting your brand and establishing a competitive presence in the market. At DCNH LAW, we guide clients through each stage of the registration process, from initial searches to application submission and regulatory follow-ups. Our experts ensure that all applications meet the legal standards set by Vietnam’s Intellectual Property Office, reducing the risk of rejection and securing faster approvals.

Trademark Opposition Services

Protecting your brand extends beyond registration; it includes defending it from infringement. If another entity attempts to register a similar or confusingly similar mark, our trademark opposition services provide you with the tools to challenge it effectively. DCNH LAW assists clients in filing opposition claims, compiling evidence, and formulating strong legal arguments based on Vietnam’s trademark laws to maximize the chances of a favorable outcome.

Why Choose DCNH LAW?

• In-Depth Legal Knowledge: Our attorneys are well-versed in Vietnamese intellectual property law, ensuring that every case is managed with precision.

• Tailored Solutions: We understand that each client’s needs are unique. DCNH LAW provides customized strategies to suit each case, focusing on efficient and impactful outcomes.

• End-to-End Support: From consultation to final resolution, our team is dedicated to guiding you through each step of the process, keeping you informed and confident.

Secure your brand with DCNH LAW’s trademark registration and opposition services. Contact us today to protect what matters most—your intellectual property and brand reputation.

Contact Us Now:

DCNH LAW

Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.

Phone: (+84) 343320223 – 974278893

Email: [email protected]