How is a GI application examined in Vietnam?

The examination of a GI application in Vietnam is carried out by IP VIETNAM, which is responsible for administering GI protection in Vietnam. Here is an overview of the GI examination process in Vietnam:

A GI application will be firstly examined as to formality, then, published on the Industrial Property Gazette of Vietnam, and substantively examined therafter and grant of protection if meeting requirements of protection under the laws of Vietnam.

Formality examination:

Timeline: 01 months from the filing date.

It takes 01 month for IP VIETNAM to complete a formality examination of a GI application in Vietnam. In the course of formality examination, IP VIETNAM’s examiner shall examine the completeness, accuracy and conformity with requirements as set forth in Rule 13 and 14 of Circular No. 01/2007/TT-BKHCN. If the GI application is in conformity with the formality examination requirements, IP VIETNAm will issue a “Decision on formality acceptance” and then, within 02 months, will publish the GI application in the official gazette.

If GI is incomplete, incorrect, or not in accordance with the requirements set forth, IP VIETNAM shall notify the applicant under a “Notification of deficiency”, requesting the applicant to provide documents or correct the application to meet the requirements within 02 months from the date of notification. In case that the applicant cannot provide or correct the application within the given time limit, IP VIETNAM shall issue a “Decision of refusal of the GI application”.

The applicant shall have right to appeal IP VIETNAM’s Decision of Refusal within 90 days from the date of awareness or receipt thereof or file a lawsuit against IP VIETNAM’s Decision of Refusal within 01 from the date of awareness or receipt thereof.

Publication of application:

Timeline: 02 months from the date of the Decision of formality acceptance.

All GI applications accepted as formality shall be published in the Industrial Property Official Gazette within 02 months from acceptance date.

Substantive examination:

Timeline: 06 months from the publication date:

After the formality examination, IP VIETNAM will conduct a substantive examination of the GI application to determine whether it meets the requirements for protection as a GI in Vietnam. The following issues will be examined by IP VIETNAM in the course of substantive examination:

Whether an object stated in a GI application is considered incompatible with the type of GI protection title (e. whether it is not a visible sign used to indicate a product originating in a specific area, locality, territory or nation according to the provisions of Clause 22, Article 4 of Vietnam IP Law).
Whether there exists a geographical area subject to the GI stated in the application;
Whether the product originates in the above geographical area;
Whether the product has a given nature/quality and! or reputation dictated by geographical conditions of the above geographical area according to the provisions of Article 82 of the Intellectual Property Law.
Whether the GI sought for registration has become a common name of goods in Vietnam;
Whether the GI which belongs to a foreign country is not protected or ceases to be protected or has fallen into disuse in that country;
Whether the GI sought for registration in Vietnam is identical or similar to a protected mark in Vietnam and its use can mislead as to the origin of a product;
Whether the GI misleads consumers as to the true geographical origin of the product bearing it.

Informing of substantive examination result:

On the date of expiration of the time limit for substantive examination of a GI application at the latest, IP VIETNAM shall send to the applicant one of the following notices:

Notification of intention to grant protection:

If the object claimed in the GI application meets protection conditions, IP VIETNAM shall issue a “Notification on intention of granting protection” and set the time limit of 03 months from the issuance date of the notification for the applicant to pay registration fee.

Notification of refusal:

If the object claimed in the GI application does not meet the protection conditions, IP VIETNAM shall issue a “Notification of refusal”, in which clearly stating the reason(s) of refusal and setting a time limit of 03 months from the issuance date thereof for the applicant to give opinions. A 3-month extension request is acceptable if requesting in writing by the applicant.

If the correction and response to the notification of refusal of the applicant is accepted, IP VIETNAM shall issue a “Notification on intention of granting protection”. Otherwise, IP VIETNAM will issue “Decision of Refusal”.

Grant, registration and publication of Gertificates of registered geographical indications:

Within 15 days after the applicant make full payment of the registration fees as required, IP VIETNAM shall carry out the procedures for granting Certificate GI Registration and recording in the National Register of Geographical Indications.

All decisions on granting the GI Certificate Registration shall be published in the Industrial Property Official Gazette within 02 months from the issuance date of the Decisions.

Timeline: In a smooth case, it may take 12-15 months from the filing date to obtain a GI Registration Certificate in Vietnam.

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