United States is an extremely important export market of Vietnam for lately years and Vietnam is currently enjoying many benefits in trade relations with the US because of great export value to this market. Vietnamese enterprises, when investing in the US, need to pay attention to registering their trademarks to protect their rights.

1. Conditions for trademark protection in the United States

Besides to being able to distinguish same types products/goods/services, a trademark that wants to register for protection in the US needs to meet other conditions under the U.S.-Vietnam Trade Agreement as follows:

  • Trademark is used in the US;
  • The trademark is intended to be used in the US (the maximum period of use of the trademark is 03 years from the filing date. If there is no legitimate reason, you maybe gets revocation of the registration certificate);
  • The trademark has filed or registered in a country that is a member of the Paris Convention or of the Agreement on trademarks recognized by the United States.

The United States applies the first-to-use principle, so trademark ownership and registration are given priority to the first person to use the mark, not the first to filing.

2. Requisite documents:

To apply for trademark registration in the US, Vietnamese enterprises must prepare the following documents:

  • Sample of trademarks;
  • Power of Attorney (prepared by InvestOne);
  • Information of the applicant;
  • List of goods or/and services;

3. Time frame:

The application will be reviewed within 6 months from the filing date. If approved, the application will be published in the Industrial Property Gazette for any third party with related rights and interests may object to the registration.

If there is no objection, the enterprise will be issued a Certificate of Trademark Registration.

For trademarks that have not been used in the market, the United States Patent and Trademark Office will issue notices of acceptance. Within 03 years, the owner must submit proof of using trademark in the US market to be granted a Certificate of Trademark Registration.

4. Trademark registration service in the US

  • Design your logo and trademark;
  • Research and evaluate the ability to protect trademarks;
  • Consulting, modifying trademarks if the trademark is identical or confusingly similar;
  • Consulting, guiding the preparation of papers and documents for trademark registration in the US;
  • Prepare documents, carry out trademark registration procedures in the US;
  • Monitor and receive written notices and handle all arising issues related to trademark applications;
  • Advice on the rights to trademarks granted diplomas;
  • Advice and handling of violations of trademarks registered for protection;

Customers wishing to register for trademark protection in the US can contact InvestOne Law Firm for free advice: