Hello lawyer, me and Vietnamese American. Currently, in the US I have a fast food restaurant business. I want to develop my restaurant in the country, and want to register to protect the logo of my restaurant. But I do not know the order of procedures, or how to prepare documents? Can a lawyer advise me on how to register a foreign logo in Vietnam? Seek the advice of a lawyer.
Thank you for sending us your question. Please refer to the article below to understand more
Legal grounds
Law on Intellectual Property 2005, amended and supplemented in 2009
How to register a foreign logo in Vietnam?
Pursuant to Article 89 of the 2005 Intellectual Property Law, foreign organizations and individuals when registering logos (trademarks) in Vietnam should note the following registration authority:
Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, foreign organizations and individuals having production and business establishments in Vietnam shall submit applications for registration of establishment of industrial property rights directly or through a legal representative in Vietnam.
Foreign individuals not permanently residing in Vietnam, foreign organizations and individuals without production or business establishments in Vietnam, shall apply for registration of establishment of industrial property rights through their legal representatives in Vietnam.
In case, foreign individuals do not permanently reside in Vietnam, foreign organizations and individuals do not have production and business establishments in Vietnam, must submit registration dossiers through their lawful representatives in Vietnam.
Dossier to carry out procedures for registration of protection of foreign logos in Vietnam
Dossier to carry out procedures for registration of protection of foreign logos in Vietnam includes:
Registration form according to the prescribed form;
Sample of the mark intended to be protected;
Power of attorney (if the application is submitted through a representative);
Proof of payment of fees and charges.
Note: Dossiers for registration of protection of foreign logos in Vietnam and transaction documents between the applicant and the NOIP must be made in Vietnamese.
Procedure for registration of foreign logos in Vietnam
Step 1: Prepare and submit your application
Submit the application in person or by post to the National Office of Intellectual Property or at the National Office of Intellectual Property in Hanoi or two representative offices in Ho Chi Minh City.
Step 2: Verify the application form
The time limit for formal examination of the application: is 01 (one) month from the date of filing the application. In case the Company actively requests to amend and supplement the application, or respond to the notice of the NOIP, the time limit for formal examination is extended by 10 (ten) days.
Step 3: Announce the valid application
All validly accepted applications will be published by the National Office of Intellectual Property in the Industrial Property Official Gazette. The company must pay the application publication fee.
Time limit for publication: is 02 (two) months from the date of acceptance of a valid protection registration application.
Step 4: Verify the content of the protection registration application
The time limit for substantive examination: is 06 (six) months from the date of application publication. In case the Company actively requests to amend and supplement the application, or respond to the NOIP’s notice, the time limit for substantive examination may be extended for no more than 03 months;
Step 5: Grant/refuse to grant protection title
An application shall be refused for grant of a protection title if it falls into one of the cases specified in Clauses 1 and 2, Article 117 of the 2009 Law on Intellectual Property as amended and supplemented, specifically:
There are grounds to assert that the object stated in the application does not fully satisfy the protection conditions;
An application that meets the conditions for a protection title but is not an application with the earliest priority or filing date;
The application in the same category has the priority date or the earliest filing date without the agreement of all the Companies on the grant of a single application among those applications by the agreement of all the Companies.
The time limit for grant of protection title: Within 10 (ten) days from the date on which the Company fully and timely pays the fees and charges, the NOIP shall carry out the procedures for granting a protection title in accordance with regulations. determined.
Step 6: Announce the decision to grant a protection title
The time limit for the announcement: is 02 (two) months from the date of issuance of the decision, after the Company has paid the prescribed publication fee.
Registration service to protect the logo of Lawyer X
The business market is always a competitive, volatile market. The delay in the logo protection registration process will cause the logo to be copied and taken advantage of by competitors. Meanwhile, if businesses do it themselves, the logo protection registration process with many procedures will face many risks. Using Lawyer X’s Logo protection registration service will make you feel secure in every step of the implementation:
Advice on the most necessary documents and procedures for the registration of Logo protection.
Consulting the form of registration for logo protection in accordance with the requirements of customers.
Compilation of registration documents; provide customers with the most appropriate and latest forms.
Act as a representative on behalf of customers to submit registration documents, receive and respond to appraisals, and pay fees and charges.
On behalf of the client to monitor the processing of records.
Supplement or correct the dossier at the request of the specialist in charge of the application (if any).
Receive all kinds of logo protection registration certificates and hand them over to customers.
Make an appeal against the decision to refuse to grant the certificate (if any).
Consulting on handling violations of registered logo rights (if any).
Fee for registration of logo protection service of Lawyer X
Service costs are what customers care about. But, don’t worry, because the price we offer is guaranteed to be suitable for each specific case. Helping you to save maximum costs when using our services.
Related article:
- Instructions for exclusive registration of company logos in Vietnam
- Re-issuance of copyright registration certificate for foreign works
Frequently asked questions
Applicants for protection of foreign logos can go to the following addresses to register their diplomas such as:
– In Hanoi: The National Office of Intellectual Property of Vietnam is headquartered at 384-386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi.
– In Da Nang: 135 Minh Mang, Khue My, Ngu Hanh Son, Da Nang.
– In HCMC: 17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City
Or to avoid inconvenience and improper filing, delaying the registration of logo protection, you can submit an application through authorized organizations and law offices to represent. protection at competent state agencies.
According to the provisions of the Intellectual Property Law, the scope of protection of a logo will only include in the territory of Vietnam. Therefore, when registering a logo and getting a registration certificate from the registry office, the scope of protection will only be within the territory of Vietnam.
Individuals/organizations who are Vietnamese or foreigners can apply for protection of their logos when they meet the conditions.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “ How to register a foreign logo in Vietnam?”. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
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