Legal Update: Vietnam Introduces New Fee Structure for Securing IP Objects Registration
Registering IP objects in Vietnam will soon become more expensive following Circular No. 263/2016/TT-BTC dated November 14, 2016 of a revised fee structure by the Ministry of Finance. This is the result of a recent review, whereby the National Office of Intellectual Property of Vietnam concluded that the Trademarks Registry is not recovering the full costs of its services, the changes have been applied to the official fees for:
• Filing an application;
• Renewing a registration; and
• Filing Appeal, Opposition, Invalidation and Cancellation
Some of works have been changed the regime totally. For example, the table below will compare the most drastic change to the official fees relating to trade mark appeal, opposition.
|
|
Works |
Official fees |
|
|
Current lump-sum Official Fee (USD) |
Official Fee from Jan 1, 2017 (USD) |
||
|
1. |
Filing opposition (per a class of goods/services)
|
18 |
25 |
|
2. |
Filing appeal (per each class of goods/services covering up to 6 items of goods/services) |
||
|
Appeal against refusal of registration - for each item of goods/services from the 7th one |
22 |
33 7 |
|
Currently, to file an appeal/ opposition, there is a flat fee irrespective of the number of classes which allows each request to cover range of goods and services. However, commencing January 1, 2017, it is increased the official fee and to abandon the flat fee system as mentioned above. Therefore, the more items of goods/services, the more official fees will be charged.
Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn