Register for Trademark at foreign country

Recently, many Vietnamese brands have been participating in the global market. Therefore, the demand for trademark and brand protection is increasing, not only in Vietnam territory but also on a global scale.

Normally, enterprises can conduct trademark protection procedures in a foreign country following the MADRID Application.
“Madrid Application” is an international registration application in compliance with the Madrid Treaty of Madrid protocol.

Relevant Legal documents:

1. Law on Intellectual Property 2005.
2. Decision 65/2023/NĐ-CP orient Law on Intellectual Property.

Application, Procedure:

For Madrid applications originating from Vietnam (a Madrid application requesting trademark protection from members that are not in the Madrid treaty or Madrid Protocol from Vietnam), brand, and trademark owners must submit the following documents:

1. Registration forms for international brands originate from Vietnam following form 01 at Decision 65/2023/NĐ-CP
2. 02 MM2 form follows the sample from International offices in English or French;
3. 02 trademark form exactly like the trademark registration form submitted in Vietnam (primary application) or trademark registration certificate (primary application);
4. 02 MM18 in English (if required to be submitted in the United States);
5. Authorization form in Vietnamese (see samples – An Luat Viet Nam);
6. Invoices and documents for international trademark protection registration originate from Vietnam;
7. Other relevant documents (if necessary). Normally as:
   1. Copy of submitted application + official approval or copy of Trademark registration protection.
   2. 10 coloured samples with the size smaller than 8cm x8cm/05 black – white with the size smaller than 8cm x 8cm.
   3. 03 Utilize the declaration form in the assigned country.
   4. Letter to expand protection territory (follow samples – An Luat Viet Nam).

Submit to: Intellectual Property Office of Viet Nam.

Evaluation time: Maximum 18 months, counting from the day applicants submitted all applications. Should applicants directly submit applications to Thailand, Canada, the US, Australia, Malaysia, India, or Tanzania, then the requirement might be changed depending on the country:

1. Authorization Forms (subject to country’s sample): 02 forms (Remarks: Authorization forms in Thailand need to be notarized).
2. Application order letter (recommend samples – An Luat Viet Nam): 01
3. Brand sample: File jpeg (clear).

Should you have any questions regarding the above allowances, please don’t hesitate to contact An Luat Viet Nam for support and advice. Our law firms, with professional Lawyers and experience in consulting, will foster your business and prevent any risk in protecting trademarks as well as guarantee Legal Compliance.

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