According to the World Intellectual Property Organization (WIPO), a brand is a sign, whether tangible or intangible, specifically to identify a product, good, or service, produced or provided by an individual or an organization. A brand is a place to show the reputation and prestige of the business, helping customers to recognize the organization and business. To better understand this, today, LSX Lawfirm will give you an article about “What is the procedure for trademark registration in Vietnam?”, as follows:
Trademark registration procedures
If conducting trademark registration, enterprises and organizations will:
– Protected by law: When registering a trademark, competitors cannot use the trademark of an enterprise or organization to confuse the brand or want to profit from it. Owners have the right to sue for infringements of their trademarks.
– Brand promotion: Businesses and organizations can promote your brand widely and customers can immediately recognize your products without mentioning your company name without worrying about your brand. whether it is duplicated and sued.
– Avoiding the possibility of trademark confusion: Intellectual property law prevents the practice of confusing a trademark by denying registration for potential confusion. If that company still knowingly trades in a trademark (trademark) that is easily confused with its own business, it can sue for infringement.
Trademark registration process
The trademark registration process includes the following steps:
Step 1: Receive the application
Applications can be submitted in person or by post to the NOIP’s headquarters in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh and Da Nang.
Step 2: Verify the application form.
Check the compliance with the regulations on the form of the application, thereby making a conclusion whether the application is considered valid or not (Make a decision to accept the valid application / refuse to accept the application).
+ In case the application is valid, the NOIP shall issue a decision to accept the valid application;
+ In case the application is invalid, the NOIP shall issue a notice of its intention to refuse to accept the valid application, clearly stating the reasons and omissions that cause the application to be rejected and setting a time limit. 2 months for the applicant to comment or correct the omission. If the applicant fails to correct the omissions/unsatisfactorily corrects the omissions/has no objections/unwarranted objections, the NOIP shall issue a decision to refuse to accept the application.
Step 3: Publish the application
After a decision on accepting a valid application is made, the application will be published in the Industrial Property Official Gazette.
Step 4: Verify the content of the application
Assessing the protection ability of the object stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.
Step 5: Make a decision to grant/refuse to grant a protection title
+ If the object stated in the application fails to meet the requirements for protection, the NOIP will issue a decision to refuse to grant a protection title;
+ If the object stated in the application meets the requirements for protection, and the applicant fully and timely pays fees and charges, the NOIP will issue a decision on granting a protection title, and record it in writing. National register of trademarks and published in the Official Gazette of Industrial Property.
Trademark registration right
According to the Intellectual Property Law:
Organizations and individuals have the right to register trademarks for goods they produce or services they provide.
Organizations and individuals conducting lawful commercial activities have the right to register trademarks for products that they put on the market but are manufactured by others, provided that the manufacturer does not use such trademarks for products. and do not object to such registration.
– A legally established collective organization has the right to register a collective trademark for its members to use in accordance with the regulations on collective trademark use; for signs indicating the geographical origin of goods or services, the organization has the right to register as a collective organization of organizations and individuals conducting production and business in that locality; for place names and other signs indicating the geographical origin of local specialties of Vietnam, the registration must permitted by a competent state agency.
Organizations with the function of controlling and certifying the quality, characteristics, origin, or other criteria related to goods and services have the right to register a certification mark provided that they do not conduct production or business. such goods or services;
In addition
For place names and other signs indicating the geographical origin of local specialties of Vietnam; the registration must permitted by a competent state agency.
– Two or more organizations and individuals; have the right to jointly register a trademark; to become co-owners with the following conditions:
+ The use of such trademark must be on behalf of all co-owners or for goods; and services in which all co-owners involved in the production and business process;
+ The use of such a trademark does not cause confusion to consumers about the origin of goods or services.
– Persons having the right to registration specified in Clauses 1, 2, 3, 4, and 5, Article 87 of the Intellectual Property Law; including those who have filed registration applications; have the right to transfer the registration rights to other organizations or individuals; in the form of a written contract, to inherit or inherit; according to the provisions of law provided that the organization or individual transferred must satisfy the conditions; applicable to the person with the corresponding registration right.
– For trademarks protected in a country that is a party to an international treaty; which prohibits the representative or agent of the trademark owner; from registering such trademark, which the Socialist Republic of Vietnam also; As a member, such representative or agent not allowed to register a trademark; without the consent of the trademark owner, unless there is a good reason.
Trademark registration service of LSX Lawfirm
Nowadays, trademark registration is very popular. However, not all business owners have adequate knowledge of intellectual property law in general; and knowledge of trademark registration procedures in particular. Therefore, it has created unnecessary losses and risks such as:
- Firstly, The business market is always a highly competitive, high-risk market. The delay in the process of trademark registration will make the brand possible; to copy and take advantage of by competitors.
- Secondly, The trademark registration process involves many steps and takes a long time. So the more you delay, the more risks and losses you will create.
- Thirdly, When using the service, lawyers can advise, exchange and support customers in the best way. Contribute to the smooth, fast and efficient registration process.
So to avoid unnecessary risks, use our trademark protection registration service. LSX Lawfirm with many years of experience in the field of intellectual property committed to bringing satisfaction to customers.
Benefits LSX Lawfirm brings to customers
- Firstly, Using our trademark registration service guaranteed to help you prepare effective legal documents. You don’t need to do the paperwork yourself.
- Secondly, Using the trademark registration service of LSX Lawfirm will save you time. You will not have to waste time preparing the application; submitting the application or receiving processing results. At those stages, we will help you do it smoothly.
- Thirdly, Service costs are what customers care about. But, don’t worry, because the price we offer guaranteed to suitable for each specific case. Helping you to save maximum costs when using our services.
- Finally, please refer to our service price list. Please refer to the table of our trademark and trademark registration services below.
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Related questions
Help customers and consumers identify products and names of business organizations and individuals.
– Organizations and individuals that build trademarks, if they do not register for protection, may lead to legal risks such as the fact that this mark has been duplicated or other individuals and organizations take advantage of the mark to gain profits. illicit gain. The registration of trademark protection helps businesses prevent related legal risks, protect individuals and organizations in the process of using the mark and take the initiative in production and business activities.
– Registration declaration;
– Documents, specimens and information showing the registered industrial property object;
Specifically: for a trademark registration application, there must be a sample of the mark and a list of goods and services bearing the mark in the declaration.
– A copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property). If one of the above documents is missing, the NOIP has the right to refuse to receive the application.
Registering a trademark helps a business prevent a competitor from using the mark to confuse or profit from the registered trademark. In case an enterprise still intentionally trades potentially misleading products, it can initiate a lawsuit to claim compensation.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “What is the procedure for trademark registration in Vietnam? “. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
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