Guide to International Trademark Registration via the Madrid System

The Madrid System offers Vietnamese businesses a structured route to protect their trademarks in multiple countries. While the concept is straightforward, the process has several stages. This guide walks through the main steps involved in filing an international application from Vietnam.

Step 1: Secure a basic mark in Vietnam

An international application must be based on a domestic (basic) application or registration. The first step is therefore to have the mark filed or registered with the Intellectual Property Office of Vietnam. The international application must correspond to that basic mark in terms of the owner, the sign and the goods and services.

Step 2: Prepare and file the international application

The international application is filed through IP Vietnam as the office of origin, which certifies and forwards it to WIPO. Key preparation tasks include:

• Selecting the countries (Contracting Parties) to designate.
• Confirming the list of goods and services and their classification.
• Preparing the application in the required language and paying the fees.

Step 3: WIPO examination and country review

WIPO checks the application for formalities and, if in order, records it in the International Register and publishes it. Each designated country then examines the mark under its own law within a set period and either grants protection or issues a refusal. If a country refuses, the applicant can usually respond according to that country's procedures.

Step 4: Managing the registration

Once granted, the international registration can be centrally managed — renewals, changes of owner and changes of address can be recorded through WIPO. The registration must be renewed periodically to remain in force, and additional countries can be added later through subsequent designations.

Frequently asked questions

How long does the process take?

Timeframes vary by country, as each designated country examines the mark under its own rules within its own examination period.

What happens if my basic mark is refused or cancelled?

During an initial dependency period, the international registration depends on the basic mark, so problems with the basic mark can affect it.

Can I respond if a country refuses my mark?

Yes, you can generally respond to a refusal following the procedures of the country concerned, often with the help of a local representative.

How LTV Law helps

LTV Law guides Vietnamese businesses through each stage of the Madrid process, from securing the basic mark to filing and managing the international registration — contact our team.

This article is for general information only and does not constitute legal advice.