“Geographical Indication” (hereafter referred to as “GI”) is a sign used on a product to denote its origin where a specific quality, characteristic or reputation of the product is essentially attributable to that origin.

Excluded from GI protection are designations, indications having become generic names of goods in Vietnam; GIs of a foreign country where it is not or no longer protected or no longer used; GIs identical with or confusingly similar to a protected trade mark, if their use is likely to cause confusion as to origin of the goods; and GIs misleading consumers as to the true geographical origin of goods bearing such GIs.

Application for registration of a GI requires the following documents and information:

• A signed Power of Attorney from the Applicant duly affixed with its seal (if any) (click here to download form). No notarization and/or legalization are required;
• 10 specimens of a GI with the dimensions neither less than 20x20 mm and nor exceeding 80x80 mm;
• Two (2) copies of the Description of the characteristics/quality/reputation of the product bearing a GI;
• Two (2) copies of the Map of a geographical area relevant to a GI;
• Full name and address, and nationality of the applicant.

The right to file an application for registration of a Vietnamese GI belongs to the Body managing the GI.

Foreign individuals and organizations that are holders of rights to GIs under laws of countries of origin are entitled to register such GIs in Vietnam.

The application for registration of a GI shall be examined as to form, published for opposition and examined as to substance.

The formal examination shall be completed within one month from the filing. If the application is found acceptable as to form, a Decision on Acceptance of Application as to Form shall be issued.

If the application is found unacceptable as to form, the Office will send to the applicant a Notice of Results of Formal Examination advising of the reasons, and the applicant will be allowed to reply or amend his application within one month.

If the application for registration of a GI is accepted as to form, within two months from the date of accepting, it shall be published in the Official Gazette of Industrial Property. As from the date of publication up until prior to the date of issuance of a decision granting a GI registration certificate, any organization or individual shall have the right to express a written opinion to the Office regarding the right to register, protection criteria or other matters relating to the GI application.

The application for registration of a GI after being accepted as to form shall be examined as to substance. The time-limit for the examination as to substance shall be six months from the date of publication of the GI application for opposition.

After examining the GI application as to substance, the Office issues a Notice of Results of the GI Application Examination notifying the applicant of whether the GI is registrable or it is unregistrable.

The registration for a GI comes into effect as of the granting date. The registration for a GI may be invalidated if the geographical conditions attributable to the reputation, quality or characteristics of the product bearing the GI have changed resulting in a loss of the reputation, quality or characteristics of the product.

Vintell Patent & Trademark Company provide clients with a full range of services relating to GIs, including searching, filing, prosecution of GI applications, appeals, and enforcing through negotiation and litigation.