Although Vietnam is not an official member of the Nice Agreement, it has long been using the International Classification of Goods/Services under the Nice Agreement for the purpose of trademark registration. According to the Notification No. 6983/TB-SHTT dated August 24, 2017 issued by the National Office of Intellectual Property (“NOIP”), from October 1st, 2017, the NOIP’s translated Vietnamese version of the 11th edition of International Classification of Goods/Services published by WIPO shall apply. Accordingly, if an applicant, at the time of filing, fails to properly classify the designated goods/services according to the new Vietnamese edition, the NOIP shall proceed with re-classification during examination process and the applicant must pay additional fees for classification.
Applicants can consult the Vietnamese version of the 11th Edition of the International Classification of Goods/Services under the Nice Agreement in the Gazette of Industrial Property No.353B published by the NOIP on May 25, 2017 or on the NOIP’s website at www.noip.gov.vn or the Ministry of Science & Technology’s website at www.most.gov.vn.
The Nice Agreement on International Classification of Goods/Services for the purpose of trademark registration was issued on June 15, 1957, then amended in Stockholm, Sweden on July 14, 1967, in Geneva, Switzerland on May 13, 1977 and supplemented in Geneva, Switzerland on September 28, 1979.