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Methods that registry Vietnamese trademark abroad

Currently, the trend of international integration is developing strongly. That has created opportunities for Vietnamese businesses to make continuous efforts, invest in expanding production and business activities, improving the quality of products and services. From there, businesses can meet the competitive needs in the domestic and international markets.

However, the investing developing process of Vietnamese businesses abroad also has some big challenges. The first thing that businesses need to take attention is building a reputation business trademark in international markets. Signals that make customers know a business trademark will show its product’s quality with its customers. In the context of globalization and electronic commerce being increasing, a trademark is one of the big challenges that make customers know business’s products and services. Also, a trademark is an important element in all marketing strategy of businesses, because trademarks allow enterprises identified, promote, determine their products, services in the markets and classified to other’s products, services. Therefore, businesses must not leave out the registry Vietnamese trademark abroad, because it’s the cornerstone that business avoids risks relating to being taken advantage and appropriated the business’s trademark.

Registry Vietnamese trademark abroad is being taken attention to research by lots of businesses. However, Registry Vietnamese trademark abroad also requires a quite big fund for Vietnamese businesses, so businesses need to determine which main markets that they wish register to protect their trademark. From that, businesses decide to start procedures. Normally, to giving a product into abroad markets, businesses should register its trademark in those markets before they do everything. Then, businesses should research methods that registry Vietnamese trademark abroad being very important information in order to get the most effective and fastest.

Methods that registry Vietnamese trademark abroad

Registry Vietnamese trademark abroad can be informed by the ways: apply for each country that business exports products, services or apply international trademark registration application according to Madrid system.

1. Directly register in each country
 
  • Owner’s trademark can apply according to each country’s procedure to that country’s Trademark State Agencies, an example in Thailand, America, Japan …;
  • Use law firms to be business’s representative in that country, or use industry ownership representative company’s services in order to implement registration procedures;
  • Duration of considering application dependents on each country’s legal regulations, that procedures are really different in each country.
Advantages and defects of Methods that directly registering in each country

•    Advantages:
  • Can directly apply at target abroad but it’s unnecessary to apply in Vietnam;
  • Have abilities to be protected in foreign countries that don’t join The Madrid Agreement and Protocol.
•    Defects:
  • Procedure to register for many times in many countries;
  • Only suitability when businesses wish to register in a few countries (with a small number of countries);
  • Implement according to each country’s law. So, when businesses register, they need to carefully research many different laws and methods. (It takes a lot of time to implement).
  • Registration fees are high when businesses implement in each different country.
2. Register trademark according to Madrid system (according to Agreement and Protocol)
 
  • Vietnam is presently a member of not only Madrid Agreement but also Madrid Protocol so businesses can apply to other countries being members of The Madrid Agreement and Protocol;
  • Base on a cornerstone application or cornerstone registry certificate in Vietnam through Intellectual Property Department;
  • Applicants can use basic and convenient registration procedures (apply only once time by one language) save time and fund in the case registering in many countries at the same time.
  • For duration of considering the international registration application is 12 months or 18 months, dependent on the member country that is specified.
Although Madrid Agreement and Madrid Protocol are all in Madrid system and used to register an international trademark, but they have some differences as follows:
 
Criteria Madrid Protocol Madrid Agreement
Cornerstone Based on the filed application or trademark registration certificate issued in the country of origin. Based on the trademark protection title in your country.
Language of application English and French French
Application condition It is possible to apply for an international trademark registration right after filing the mark registration application in the host country without having to wait until the time when the trademark registration certificate is issued in that country. International trademark registrations can be filed after they have been granted a trademark protection title in their country.
Validity of international registration Within 18 months from the date of filing a valid application, an internationally registered trademark will be accepted for protection in the country indicated in the application if the application is not denied by the designated country within the prescribed time limit. Within 12 months after the application is duly filled, the international registration trademark will be accepted for protection in the country indicated in the application if the application is not denied by the designated country within the prescribed time limit.
Duration of protection 10 years (can additionally extend time) 20 years (can additionally extend time).
Convert an international application into a national application Registration application specified in other countries also have valid and maintain the specified date in the case that domestic registration application is suspended (a part or all) if that suspension is implemented within 03 months from the date of filing for domestic application. There is no regulation about converting applications.
The level of dependence on a certificate in domestic There is no mention about this case. It will be lost valid to protecting if the domestic certificate is canceled because of any reasons.
How to charge Depend on each country’ s regulations/ or general regulations. Depend on general regulations
Number of countries that can choose to be protected 81 56

Advantages and defects of the method of registry trademark according to Madrid system
 
  • Advantages:
    • Registration procedure once a time (one application, one language, one time for paying a fee), being really simple, save time and fund for businesses when businesses register to protect Vietnam trademark in many countries at the same time;
    • Application can be filed in Vietnam before.
  • Defects:
    • It depends on a domestic certificate issued by Vietnamese State Agencies;
    • Only use English and French;
    • The principle of "Central attack" causes concern to trademark owners;
    • Countries have important markets such as: England, America, Japan, some of countries of ASEAN… being not members of Madrid Agreement and Protocol.
Each registry Vietnamese trademark method abroad has different advantages and defects, thus, carefully considering about each method’s advantages and defects to choose the most effective and suitable with the goal of registry trademark for businesses abroad is very important for all of businesses.
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