Similarity/Availability search
In accordance with IP Law of Vietnam, time estimation for a trademark application from the filing date until obtaining registration, in smooth case, is 12 months. However, due to the burden of applications filed with the NOIP, the time estimation is usually prolonged to 16-18 months. Therefore, to savetime, cost and avoid possible risk in case the mark is unregistrable (due to the reason of having no inherent distinctivenes or confusingly similar to anyprior marks), before filing a trademark application, the Applicant should conduct a trademark search to find out whether their mark is registrable.
The purpose of the search is to identify if the searched mark is considered asconfusingly similar to any prior filed/registered marks in Vietnam and then to estimate possibility of securing trademark registration for the mark in Vietnam. This type of search is often conducted before filing trademark application, thus, it is also called pre-filing search.
To proceed with a trademark search, the Applicant may access to the official website of the NOIP . Otherwise, the Applicant may appoint an IP Representative to proceed with a similarity search which has a higher rate of reliability incomparision with an online search because with the gap of duration of trademark information updating, trademark estimation for the search by online database may reach about 60% of reliability.
Vietthink Law Firm & IP Representative provides client with professional trademark searches, based on trademark databases available at the NOIP whichare accessible by NOIP’s examiner only with competative cost.
Vietthink's search report shall include:
- Opinion on inherent distinctiveness of the subject mark;
- Citation of prior similar marks including particular data and status of the prior marks and opinion on similarity of the subject mark and the prior marks;
- Advice on options to overcome priormarks based on trademark laws and practice in Vietnam;
- Search result on company name search to find out wheather the searched mark is considered as confusingly similar to any registered company name in same/similar business fields;
- Estimation of chance of success of securing trademark registration for the subject mark and possibility of trademark infringement when the subject mark is used in Vietnam;
Status check
- The purpose of the search is to find out the status as well as all particular dataand status of the searched mark.
- Vietthink's search report shall include all particular data and status of the found mark(s) at the time of the search, including information onassignment, amendmend (if any).
- Vietthink's time estimate: The search result will be available within 2 working days
Identical search
The purpose of the search is to find out if the searched mark has been filed/registered in Vietnam and (if yes) the current status of the mark at the time of the search;
Vietthink's search report shall include all particular data and status of the found mark(s) at the time conducting the search;
Vietthink's time estimate: The search result will be available within 2 working days
Proprietor search
The purpose of the search is to find out all the marks which are filed/registered in a particular name of one applicant/trademark owner;
Vietthink's search report shall give you all related information of the marks which are filed/registered in the name of one applicant/trademark owner;
Vietthink's time estimate: The search result will be available within 2-3 working days.
Mrs. Duong Thi Van Anh
Patent & Trademark Attorney