New changes of the official Government’s fees for patent, design and trademark in Vietnam

The official Government’s fees for patent, design and trademark in Vietnam increased as from January 01, 2017 in accordance with the new Circular No.263/2016/TT- BTC of the Ministry of Finance. The new Circular stipulates the rates, collection, remittance, management and use of industrial property fees and charges, and replaced the former Circular No. 22/2009/TT-BTC issued on February 04, 2009.

Vietnamese and foreign organizations and individuals who file application for patent, design and trademark in Vietnam to the State management agency in charge of intellectual property to reform works, provide services related to the protection of industrial property rights shall pay fees and charges under this Circular.

trademark in Vietnam

New changes of the official Government’s fees for patent, design and trademark in Vietnam as from January 01 2017

Compared to the previous circular, generally, the newly prescribed of fees and charges in Circular No. 263 increase depending on the type of applications. The main changes in Circular No. 263 as below:

1. Under the new Circular, the owners have to pay additional fees for using patent, design and trademark in Vietnam at the filling date of renewal/maintenance. Instead of only maintenance fees of patent/utility solutions, renewal fees of design and trademark in Vietnam as before, according to the new circular 263, the fee will split into three categories of charges and fees: fees for the maintenance / renewal, examination fees to maintain and renew, and user fees. Thus, costs for maintaining of patent/utility solutions, renewal of design and trademark in Vietnam increased significantly compared to the past.

2. Applicants can pay maintenance fees for patent in Vietnam for all remaining time at once. The maintenance fees shall include publication and granting fees.

3. Apply additional fees of formality examination for application of patent in Vietnam. This fee must be paid when filing.

4. Amendment fees is calculated according to the number of amendments content and number of protection titles, rather than just be calculated according to the number of protection titles as before. It is noted that name & address of applicant or owner is considered as one content.

5. No fees is required at the filing time of appeal application in Vietnam. The National Office of Intellectual property of Vietnam (NOIP) will issue a notification of acceptance to handle the appeal in which amounts of payable fees is listed.

6. In case of assignment a part of certificates, it will be charged an additional fee of granting new certificates.
7. It will be charged of examination fees for assignment for collective trademark and certification trademark in Vietnam.

8. Fees for opposition against the grant of protection titles by third party will be charged according to the number of class for Vietnam trademark applications or the number of option of each product for design application or the number of independent claims for patent/utility solution. This fees before just be calculated according to the number of applications.

9. No fees and charges are refundable since January 01, 2017. Some fees previously specified in Circular 22 but not mentioned in the New Circular 263 will be changed to service payment policy.

 

In case you require more information or require advice on Trademark in Vietnam, Laos, Cambodia and Myanmar as well as other IP matters, please do not hesitate to contact us via email: ageless@ageless.vn

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