Comparable Process for Trademark Examination in Vietnam and China
Attorney Le Quang Vinh – Bross & Partners
Email: vinh@bross.vn
5-step process for trademark examination[1]
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Intellectual Property Office of Vietnam (VNIPO)
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China National Intellectual
Property Administration
(CNIPA)
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[13 months by law, in reality: 24-27 months]
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[11 months by law, in reality: 6-10 months]
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Step 1: Filing an application to VNIPO along a fee of 1 million VND and receiving application number and filing date.
Step 2: VNIPO examines the formality before issuance of a decision on formality acceptance within 1 month from the filing date.
Step 3: The application is published on monthly Gazette A (in Vietnamese) within 2 months from the date of formality acceptance (for possible opposition within 5 months).[2]
Step 4: VNIPO examines the substance to find grounds for refusal in 9 months from Gazette A before it releases a notice of grant.
Step 5: A certificate[3] is issued within 1-3 months after the applicant has paid the grant fee of 360,000 VND.
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Step 1: Submitting an application to CNIPA with a fee of 270 CNY (online) or 300 CNY (paper) and receiving application number and filing date.
Step 2: CNIPA examines the formality in about 30-45 days before issuing a notice of application acceptance.
Step 3: CNIPA examines the substance to find absolute grounds and/or relative grounds within 4-6 months from the filing date before it issues a notice of preliminary approval.
Step 4: Weekly announcement (in Chinese) of the preliminarily approved trademarks (for possible opposition in 3 months).[4]
Step 5: A certificate (electronic version only) within 1 month if no opposition is filed (no grant fee is required).
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Bross & Partners, an intellectual property company ranked Tier 1 by Legal 500 Asia Pacific, has rich experience in trademark registration in Vietnam and abroad.
Our contact: vinh@bross.vn; mobile: 0903 287 057; Zalo: +84903287057; Skype: vinh.bross; Wechat: Vinhbross2603.
[1] This process is merely applicable for a trademark that is filed in national route, ie. filed directly to VNIPO or CNIPA with assumption that: (1) an applied-for trademark in one class containing up to 6 items of goods/services (VNIPO) or 10 items of goods/services (CNIPA); and (2) neither opposition, third-party observation (TPO) opinion nor refusal is issued by VNIPO or CNIPA.
[3]After Decree 65/2023 (guidelines for the implementation of the Intellectual Property Law 2022) takes effect from August 23, 2023, protection titles (trademark registration certificates) will only be issued in electronic version, unless the applicant requests a paper copy.