TRADEMARK REGISTRATION IN COUNTRIES WORLDWIDE

27/12/2024
INTERNATIONAL INTELLECTUAL PROPERTY REGISTRATION

Each country has its own regulations on trademark registration procedures for foreign applicants. However, basically, the steps and requirements when registering a trademark in different countries often have things in common. Below is a guide on how to REGISTER A TRADEMARK IN COUNTRIES AROUND THE WORLD.

TRADEMARK REGISTRATION IN COUNTRIES WORLDWIDE

1. Required Documents for Trademark Registration

When registering a trademark in different countries, the following documents are typically required:

  1. Trademark Sample: A clear and accurate image or drawing of the trademark.
  2. List of Goods/Services: A list of the goods/services for which the trademark will be used, typically provided in both Vietnamese and English.
  3. Applicant Information: Information about the applicant, including name, address, nationality, and legal status, provided in both Vietnamese and English.
  4. Priority Claim Documents: If applicable, provide documents proving priority rights based on an earlier trademark application (under the Paris Convention).
  5. Power of Attorney: A document authorizing a representative or representative organization to file the application on behalf of the applicant. Depending on the requirements of each country, Á Đông will provide and submit the appropriate documents for the application in that country.
  6. Trademark Use: Proof that the trademark has been used in commerce (Use-in-commerce) or an intention to use the trademark in the future (Intent-to-use).
  7. Intended Use Based on Foreign Trademark Registration: If the trademark has been registered in another country, provide evidence of the registration to support the application in the current country.
  8. Intended Use Based on Pending Foreign Trademark Application: In some cases, the applicant may intend to use the trademark based on a pending application in another country. This can be included in the registration file.

2. Trademark Registration Process

The trademark registration process in most countries typically involves the following stages:

  • Application Submission: The first step is to submit the trademark application to the national intellectual property office, including all necessary documents.
  • Formal Examination: The intellectual property office will check the formal aspects of the application to ensure the documents are valid and comply with national requirements.
  • Publication of the Application: After the formal examination, the application will be published in the official trademark gazette or journal of the country, allowing third parties to file objections if they believe the trademark infringes upon their rights.
  • Substantive Examination: The intellectual property office will conduct a substantive examination of the trademark’s distinctiveness and assess potential conflicts with previously registered trademarks.
  • Issuance of Protection Certificate or Rejection: If the trademark meets all requirements, the intellectual property office will issue a certificate of trademark ownership. If issues arise (such as objections or failure to meet requirements), the application may be rejected or require amendments.

3. Processing Time

The processing time for trademark applications in different countries usually ranges from 12 to 24 months, depending on the complexity of the application, the efficiency of the intellectual property office, and the likelihood of objections.

4. Trademark Protection Period

Most countries grant trademark protection for 10 years from the filing date. After this period, the trademark owner can extend the protection, typically through a 10-year renewal cycle.


Please contact us:

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: a-dong.com.vn

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