Vietnam is a member of both the Madrid Agreement (MA) and the Madrid Protocol (MP). Consequently, Vietnamese enterprises can choose to register their trademarks internationally through either the Agreement or the Protocol, depending on the target jurisdictions.
The Madrid System (International Trademark Registration System of Madrid) is the primary international mechanism that facilitates the simplified registration of trademarks for goods and services across member countries. The system comprises:
When filing through Á Đông Industrial Property Representative Organization, the required documentation includes:
Step 1: Filing a Basic Trademark Application in Vietnam
Condition: The trademark must be registered or pending registration in Vietnam.
Receiving Authority: The Intellectual Property Office of Vietnam (IP Vietnam).
Role: The basic application serves as the legal foundation for the international application.
Step 2: Preparing the International Application
Required Documents:
1/ Form MM2 (in English or French).
2/ A copy of the basic application or the basic registration certificate.
3/ A list of goods/services based on the Nice Classification.
4/ Designation of member states or regions for protection.
Language: English or French.
Step 3: Filing the Application with IP Vietnam
Role of IP Vietnam:
Review the application for compliance.
Submit the valid application to WIPO.
Fees: Includes fees paid to IP Vietnam and international fees stipulated by WIPO.
Step 4: Examination by WIPO
Examination Content:
Review of formalities, content, and goods/services classification.
Publication in the International Gazette if deemed valid.
Outcome: WIPO notifies designated member states.
Step 5: Examination by Designated Member States
Process: Each country examines the application under its national laws.
Outcome:
Protection Granted: Trademark protection is recognized.
Protection Refused: Applicants may appeal or amend the application.
Step 6: Maintaining Validity
Protection Term: 10 years, renewable.
Important Note: Within the first 5 years, the validity of the international registration is dependent on the basic application ("central attack" principle).
- Simplifies the trademark registration process across multiple jurisdictions.
- Reduces costs and saves time compared to filing in each country individually.
- Facilitates the management and renewal of registrations in the future.
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