In Vietnam, any individual or entity wishing to oppose a trademark must submit a notice of opposition within five months from the date of publication of the trademark in the Intellectual Property Gazette. That is, anyone can file an opposition against a trademark application regardless of having a prior trademark application/registration in Vietnam. The legal framework governing trademark opposition is outlined in Section 112a.
PROCEDURE FOR FILING THE OPPOSITION:
- Notice of Opposition: The opposition process begins when the opposing party files a notice against the trademark within the specified five-month period. If the opposition is deemed valid and the grounds for opposition are reasonable, the National Office of Intellectual Property (NOIP) will forward the notice to the applicant for their response.
- Counter Statement: Upon receiving the notice from the NOIP, the applicant has one month to submit a counterstatement addressing the opposition.
- Reply to Counter Statement: The NOIP may, on a case to case basis, serve the Counter Statement on the Opponent and provide a period of one month to respond in writing to the Counter Statement.
- Hearing: After the applicant submits their counterstatement, the NOIP may request additional evidence or information from both parties if necessary. On the request of both parties or if necessary, the NOIP may schedule hearings to further clarify the matter.
- Decision: The NOIP will then review the documents provided and consider oral arguments before making a decision. Along with the decision, the Registrar will also provide the results of the substantive examination to the applicant.
REQUIRED DOCUMENTS FOR FILING AN OPPOSITION:
To initiate the opposition process, the following documents must be submitted:
- Power of Attorney (POA): The POA must be signed solely by the representative of the opposing party. There is no requirement for notarization or legalization.
- Supporting Evidence: Evidence demonstrating the extensive use of the mark and its renown, particularly in Vietnam, prior to the filing date of the application being opposed. This evidence should be presented in the form of an original notarized affidavit, accompanied by relevant exhibits.