Vietnam introduces new official fees for trademark protection

Vietnam

New fees for trademark protection have taken effect in Vietnam under rules set out in Ministry of Finance Circular 132/2004/TT-BTC of December 30 2004. There are changes to both the amounts for official fees and the fee structure. The changes also apply to other industrial property matters (including patents, utility models, industrial designs, appellations of origin and layout/designs of semiconductor integrated circuits).

The new rules put an end to the difference in the level of fees applicable to registrations filed by Vietnamese and foreign entities. All applicants will now pay the same amount. Foreign entities applying for trademark protection in Vietnam will be able to pay trademark fees in the local currency (dong) rather than dollars.

Another key point to note is that additional official fees will be charged for applications covering more than six types of product or service.

The following is a guide to the most common fees:

  • Filing one mark in one class for up to six goods/services is now D150,000 (approximately $10). Each additional class is D150,000.

  • Where an application covers more than six goods/services an extra fee of D25,000 (approximately $1.70) for each additional product/service will be charged.

  • Claiming priority is D500,000 (approximately $34).

  • Assignment of an application is D100,000 (approximately $6.70).

  • Amending an application is D100,000.

  • Request for an extension of time for late amendment/filing of a document is D100,000.

  • Publication of pending application is D100,000.

  • Search and substantive examination of a trademark for one class (up to six goods/services) is D300,000 (approximately $20).

  • Granting, recording and publication of a decision to grant a trademark registration certificate is D300,000.

  • Recording and publication of the change of name or address of a mark owner is D300,000.

  • Filing an application for recording an assignment/licence for one mark is D100,000.

  • Granting, recording and publication of a decision to grant an assignment/licence registration certificate is D300,000.

  • Renewal for the first class is D500,000 ($36.70). Each additional class is D450,000 (approximately $30).

Le Hoai Duong, LÊ & LÊ, Hanoi

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