THE MINISTRY OF 
SCIENCE AND 
TECHNOLOGY  
-------  SOCIALIST REPUBLIC OF VIETNAM  
Independence - Freedom - Happiness   
---------------  
No. 05/2013/TT -BKHCN  Hanoi, February 20th 2013  
  
CIRCULAR  
AMENDING THE CIRCULAR NO. 01/2007/TT -BKHCN DATED FEBRUARY 14TH 2007 , 
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 
103/2006/ND -CP, ELABORATING A NUMBER OF ARTICLES OF THE INTELLECTUAL 
PROPERTY LAW  APPLICABLE TO INDUSTRIAL PROPERTY, AMENDED IN THE 
CIRCULAR NO. 13/2010/TT -BKHCN DATED JULY 30TH 2010 AND THE CIRCU LAR NO. 
18/2011/TT -BKHCN DATED JULY 22ND 2011  
 
Pursuant to the Government's Decree No. 28/2008/ND -CP dated March 14th 2008, defining the 
functions, tasks, powers and organizational structure of the Ministry of Science and Technology;  
Pursuant to the Intell ectual Property Law  dated November 29th 2005 and the Law No. 
36/2009/QH 12 dated July 19th 2009 on the amendment of the Intellectual Property Law  
(hereinafter referred to as the Intellectual Property Law ); 
Pursuant to the Government's Decree No. 1 03/2006/ND -CP dated September 22nd 2006 of the 
Governmen t detailing  and guiding the implementation of a number of articles of the Intellectual 
Property Law  ragarding  industrial property, and the Decree No. 1 22/20 10/ND -CP dated 
December 31st 2010, amending and supple menting  a number of articles of the Decree No. 
103/2006/ND -CP; 
The Ministry of Science and Technology amends the Circular No. 01/2007/TT -BKHCN dated 
February 14th 2007 guiding the implementation of the Government's Decree No. 103/2006/ND -
CP detailing  a num ber of articles of the Intellectual Property Law  regarding  industrial property, 
amended and supplemented by the Circular No. 13/2010/TT -BKHCN dated July 30th 2010 and 
the Circular No. 18/2011/TT -BKHCN dated July 22nd 2011  (hereinafter referred to as the 
Circular No. 01/2007/TT -BKHCN ) as follows:  
Article 1. Amending some regulations of the Circular No. 01/2007/TT -BKHCN  
1. Point 1.1. of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
“1.1. The industrial property rights arising or established on the grounds specified  in Clause 3 
Article 6 of the Intellectual Property Law , Clauses 1, 2, 3, and 4 Article 6 of the Decree No.   
103/2006/ND -CP detailing and guiding  a number of articles of the Intellectual Property Law  
regarding  industrial property , amend ed and supplement ed by the Decree No. 122/2010/ND -CP 
and specific provisions in this Point.”  
2. Point 7.1.b (iii) is amended, and Point 7.1.b (iv) is added to the Circular No. 01/2007/TT -
BKHCN as follows:  2 
 
“(iii) Geographical maps (if the to-be-registered mark  is a mark for certification of  the 
geographical origin of products, or a collective mark or certification mark that contains the 
geographical name or other signs indicating the geographical origin of to local specialities);  
(iv) The written approval for the trademark registration issued by the provincial People’s 
Committee as prescribed in Point 37.7.a of this Circular (if the to-be-registered trademark is a 
collective mark or certification mark that contains the geographical name or other signs 
indicatin g the geographical origin of local specialities).”  
3. Point 13.8. of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
“13.8. Time limit for formality examination of applications  
a) The time limit for formality examination of applications  is 01 mont h from the filing date  as 
prescribed in Clause 1 Article 119 of the Intellectual Property Law . 
b) Where the Intellectual Property  Office of Vietnam issues a notice as specified  in Point 13. 6.a 
of this Circular, the period of time for the applicant to respo nse to that notice is not included in 
the time limit for formality examination. This period of time is understood as : 
 (i) The period from the date of issue of the notice to the da y on which the applicant response  to 
the notice; or  
(ii) T he time limit set in the notice (including the extension), in case the appl icant does not 
response  to the notice.  
c) Where the applica nt actively request the amendment or supplement of the application, or 
response  to the notice issued by the Intellectual Property Office of Vietnam  as prescribed in 
Point 13.6.a of this Circular, the time limit for the formality  examination shall be extended to 
more 10 days as prescribed in Clause 4 Article 119 of the Intellectual Property Law . 
d) Before the deadline prescribed in Point 13.8.a , 13.8.b or 13.8. c above, the Intellectual Property 
Office of Vietnam  must finish examining the formality of the application, and notify the 
applicant of the result as prescribed in Point 13.6 or 13.7 of this Circular.”  
4. Point 15.6.d is amended, points 1 5.6.dd and 15.6.e is supplemented  to the Circular No. 
01/2007/TT -BKHCN as follows:  
 “d) Before issuing the notice of the intention to grant the protection title  as prescribed in Point 
15.7.a (iii)  of this Circular, the Intellectual Property Office of Vietn am shall inspect the 
observance of the first -to-file rule  as prescribed in Points 25.7, 35.9 and 39.10  of this Circular.  
dd) The notification prescribed in Point 15.7.a (iii)  shall be  issued  in the following cases:  
 (i) The application does not fall into t he cases prescribed in Article 90 of the Intellectual 
Property Law ; 
 (ii) The filing date or the priority date of the application is earliest among the patent applicatio ns 
in the case prescribed in Clause 1 Article 90 of the Intellectual Property Law ; 
 (iii) The filing date or the priority date of the application is earliest among the industrial design 
applications in the case prescribed in Clause 1 Article 90 of the Intellectual Property Law ; 
(iv) The filing date or the priority date of the application is earliest among the trademark 
applications in the cases prescribed in Clause 2 Article 90 of the Intellectual Property Law ; 3 
 
 (v) The application is made under an agreement as prescribed in Clause 3 Article 90 of the 
Intellectual Property Law . 
e) The applica tions not falling in the cases prescribed in Point 15.6.dd of this Circular shall be 
processed  as follows:  
 (i) The grant of the protection title is refused because the application does not sastisfy the first -
to-file rule, if the application with the earli est filing date or priority date is granted; or  
 (ii) The application is considered the first to file, and is processed as prescribed in Point 15.6.dd; 
if all applications  which have the earlier filing date or priority date are refused  to grant,  or 
withdra wn, or considered to be withdrawn.”  
5. Point 15.7.a (iii). of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
 “(iii) If the objects stated in the application satisfy the protection conditions, or  the applicant 
satisfactorily corrects errors , or makes reasonable  justifications within the time limit specified at 
Points 15.7.a (i) and (ii) above, the Intellectual Property Office of Vietnam  shall issue a notice of 
substantive examination  results , in particular:  
- For the applications falling in the ca ses prescribed in Point 15.6.dd of this Circular: issue a 
notice on its  intended grant of the protection title and give the a pplicant 01 month from the 
issuance date to pay the fee for the protection title grant, fee for notification of  the protection titl e 
grant decision , fee for registration, and the fee for maintenance of the first year’s validity of 
invention patent . The applicant may reques t the extension of this time limit  as prescribed in Point 
9.2 of this Circular.  
- The applications not falling int o the cases in Point 15.6.dd of this Circular shall be processed  in 
accordance with Point 15.6.e of this Circular.”  
6. Point 15.8. of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
 “15.8. Time limit  for substantive examination  
a) The time limit for substantive examination is specified in Clause 2 Article 119 of the 
Intellectual Property Law . 
b) Where the Intellectual Property Office of Vietnam  issues a notice as prescribed in Point 15.7.a 
(i) and (ii) of this Circular, the period of time for the applicant to response  to the notice is not 
included in the time limit for substantive examination. This period of time is understood as : 
 (i) The time from the date of issue of the notice to the day on which the applicant response  to the 
notice; or  
 (ii) The time limit set in the notice (including the extension), in case the applicant does not 
response  to the notice.  
c) Where the applicant request the amendment , supplementation  of the application  on his/her 
initiative , or response  to the notice issued by Intellectual Property Office of Vietnam  as 
prescribed in Points 15.7.a (i) and (ii) of this Circular, the time limit  for substantive examination 
shall be prolonged correspoding to the time limit  for processing request of amendment , 
supplementation  or explana tion of the applicant as prescribed in Clause 4 Article 119 of the 
Intellectual Property Law , in particular:  
 (i) Within 06 months, for invention applications ; 4 
 
 (ii) Within 03 months, for trademark applications ; 
 (iii) Within 02 months and 10 days, for ind ustrial design applications ; 
 (iv) W ithin 02 months, for geographical indication applications .” 
7. Point 25.7. of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
 “25.7. Inspection of the first -to-file rule of inventions  
For the patent application s that satisfy the protection conditions, before issuing the notice of 
intention to grant the invention patent or utility solution  as prescribed in Point 15.7.a (iii) of this 
Circular, Intellectual Property Office of Vietnam  shall inspect the observance of  the first -to-file 
rule as prescribed in Clause 1 and Clause 3 Article 90 of the Intellectual Property Law , in 
accordance with the following provisions:  
a) To inspect the observance of the first-to-file rule, information search shall be conducted at 
least from (but not confined to) the following mandatory sources : all invention applications 
received by the Intellectual Property Office of Vietnam  (up to the date of inspection) with 
classification criteria the same as those of the object stated in the applic ation currently under 
examination - considering also division criteria (third -class criteria)  – and have earlier filing 
dates or priority dates  than that of the application currently under examin ation  (if the application 
is entitled to priority) that have  not been published , or the publish date is later than the filing date 
or the priority date of the application  curently under examination  (if the application is entitled to 
priority) . 
b) The conduction of information search  is to find the case in which man y applications 
(including the application  curently under examination ) register the same or similar inventions, 
and identify the application which has the earliest filing date or priority date.  
c) If there are many applications falling in the case prescribe d in Point 25.1.b above, the 
invention patent or utility solution patent is only granted to the valid application that has the 
earliest filing date of priority date among the patentable applications.  
d) Among the applications falling in the case prescribed  in Point 25.7.b above, if there are many 
applications that have the same filing date of priority date, the invention patent or utility solution 
patent is granted to the invention of only one application among th ose applications  under the 
agreement of all applicants; if an agreement cannot be reached, all applications shall be re fused .” 
8. Point 35.9. of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
 “35.9. Inspection of  the first -to-file rule of industrial designs  
For the industrial design  appli cations that satisfy the protection conditions, before issuing the 
notice of intention to grant the industrial design  certificate  as prescribed in Point 15.7.a (iii) of 
this Circular, Intellectual Property Office of Vietnam  shall inspect the observance  to the first -to-
file rule as prescribed in Clause 1 and Clause 3 Article 90 of the Intellectual Property Law , in 
accordance with the following provisions:  
a) To inspect the first -to-file rule, information search shall be conducted from the mandatory 
sources prescribed in Point 35.4.b (iv)  of this Circular.  
b) The conduction of information search is to find the case in which many applications 
(including the application  curently under examination ) register the identical or substantially 5 
 
indistinguishable  indust rial design of a part and/or a product, and identify the application which 
has the earliest filing date or priority date.  
c) If there are many applications falling in the case prescribed in Point 35.9.b above, the 
industrial design patent is only granted t o the application that has the earliest filing date of 
priority date among those applications  that have satisfied the conditions for grant of industrial 
design patents . 
d) Among the applications falling in the case prescribed in Point 35.9.b , if there are many 
applications that have the same filing date of priority date, the industrial design patent is granted 
to the industrial design of only one application among those applications under the agreement of 
all applicants; if an agreement cannot be reached, a ll applications shall be re fused . 
9. Point 37.7. of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
“37.7. Requirements of written permission for the registration of collective marks and 
certification marks that contain geographical names or other  indicators of geographical 
origins of Vietnam’s local specialities  
a) The written permission for the registration of collective marks and certification marks that 
contain geographical names or other indicators of geographical origins of local specialities  shall 
be issued by the following agencies:  
 (i) The provincial People’s Committee in charge of the geographical area corresponding to the 
geographical name or other indicator s of geographical origin of local specialities (if the 
geographical area is under  the management of one local government);  
 (ii) All provincial People’s Committees in charge of the geographical area corresponding to the 
geographical names or other indicators of geographical origins of local specialities (if the 
geographical area is und er the management of multiple local governments).  
b) The geographical map corresponding to the geographical name or other indicator s of 
geographical origin of local specialities must represent sufficient information to identify that 
geographical area, and be certified by the competent agency stated in Point 37.7.a above.”  
10. Point 37.8. is added to the Circular No. 01/2007/TT -BKHCN as follows:  
 “37.8. Criteria for identifying geographical names and other indicators of geographical 
origins of products  
a) Th e indicators of geographical origins of products are the indicators used for local products 
and meant to indicate the geographical origins of the products (indicate that the products are 
originated from the locality).  
The indicator of geographical origin o f a product is usually a geographical name, but might be a 
symbol of the locality (images of typical objects of the locality such as a symbol, a map, a flag, a  
badge, an attraction, a distinctive construction, etc.) or any other sign.  
A geographical name m ight be a current name or a past name, an official name or traditional 
name of a geographical area (according to the administrative boundary or geographical 
methods).  6 
 
b) A geographical name, a local symbol used for a usual product (not a speciality) may or  may 
not indicate its geographical origin, depending on the product and the use of geographical name 
and local symbol.  
c) Geographical names or local symbols are meant to indicate the geographical origin products in 
the following cases:  
 (i) They are used for local specialities (special products which have a reputation because of 
certain characteristics, are locally produced);  
 (ii) They are used for local plants, animals, and processed products thereof;  
 (iii) They are used for local products of mineral e xtraction (coal, iron, steel, aluminum, cement, 
stone, salt, timber, etc.);  
 (iv) They are used for the products from local develop industries;  
 (v) Other cases depend on the products and the use of geographical names and local symbols.  
d) Geographical nam es and local symbols are not meant to indicate the geographical origin of 
products in the following cases:  
 (i) They are used as a usual trademark and widely recognized, which means they are considered 
to indicate commercial origin  (distintiveness) , and do es not indicate a geographical origin, e.g. 
Hanoi Beer, Sai Gon Beer;  
 (ii) The co rresponding geographical area can not be the place where the products are made, e.g. 
Arctic Cigarette, etc.  
The geographical names and local symbols that are not meant to indi cate geographical origin of 
products may be protected as a usual trademark without permission of local governments.  
dd) The common geographical names and local symbols (such as names of provinces, cities, 
attractions) used for ordinary products of a locali ty (including the products of which the 
manufacture is at an advantage, but does not have a reputation or distinctive quality), used by 
local traders for their goods and services, and meant to indicate the manufactured location (but 
are not eligible for be ing classified in cases of  (c) and (d) above) shall not be protected.  
However, a geographical name or local symbol may be used as a secondary constituent of an 
ordinary trademark of a corresponding local trader  without obtaining permission of the local 
government , as long as such geographical name is removed from the scope of protection  
(exempt ion). 
11. Point 39.10 of the Circular No. 01/2007/TT -BKHCN is amended as follows:  
 “39.10. I nspecti on the observance of  the first -to-file rule of trademarks  
For the trademark  applications that satisfy the protection conditions, before issuing the notice of 
intention to grant the certificate of registed trademark prescribed in Point 15.7.a (iii) of this 
Circular, Intellectual Property Office of Vietnam  shall inspect the  observance of  the first -to-file 
rule as prescribed in Clause 2 and Clause 3 Article 90 of the Intellectual Property Law , in 
accordance with the following provisions:  
a) To inspect the observance of  the first -to-file rule, it is required to check all trademark 
applications received by the Intellectual Property Office of Vietnam  (up to the date of inspection) 7 
 
that have earlier filing dates or priority dates (if the application is entitled to priority) than those 
application curently under examination.  
b) Th e check is to find the case in which many applications (including the application s curently 
under examin ation ) filed by different applicants for the identical or confusingly similar 
trademark of the same or similar products or services, or many application s filed by the same 
applicant for identical trademark of identical products or services; and identify the earliest filing 
date o r priority date.  
c) If there are many applications falling in the case prescrib ed in Point 39.10.b above, the 
certificate of registed trademark is only granted to the trademark of the valid application that has 
the earliest filing date or priority date among th ose applications  satisfy the protection conditions . 
d) Among the applications prescribed in Point 39.10.b above, if there a re many applications that 
have the same filing date of priority date, the certificate of registed trademark shall be granted to 
the trademark of only one application among those applications under the agreement of all 
applicants; if an agreement cannot be reached, all applications shall be re fused .” 
Article 2. Implementation e ffect  
This Circular takes effect after 45 days from the day on which it is signed./.  
  
  THE MINISTER  
 
 
 
 
Nguyen Quan