Legal grounds
- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
Before the IPVN issues decisions on the rejection of an application, decisions on refusal to grant a protection title, or decisions on the grant of a protection title, an applicant may divide on the initiative or upon the request of the IPVN. Accordingly, a divisional application must bear a new serial number and the filing date or date(s) of priority (if any).
A request for application division
- First of all, 02 Declaration for registration which is typed according to form No. 04-NH Appendix A of Circular No. 01/2007/TT-BKHCN. Accordingly, the serial numbers of the parent application and date of filing of the application must be specified;
- Secondly, 05 identical mark specimens;
- Thirdly, Documents request in writing, a proposal for divide trademark application;
- Besides, Power of attorney (in case through a representative);
- Lastly, For each divisional application, the applicant shall pay all fees and charges for procedures:
+ In case the parent application has had the result of substantive examination of applications:
Official charges for filing application: VND 150,000/ 01 application;
Fee for publication of application: VND 120,000/ 01 application;
+ In case the list of goods and services divided in the parent application has not yet had the result of the assessment:
Official charges for filing application: VND 150,000/ 01 application;
Fee for publication of application: VND 120,000/ 01 application;
+ In case the trademark divisional application has not yet had the result of the assessment, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
Methods of filing division application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for division directly or via postal service to one of the IPVN’s applications receiving places, specifically as follows:
- Firstly, Head Office of IPVN, address 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
- Secondly, Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
- Thirdly, Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son district, Da Nang city.
In case of filing an application for a trademark by post, The applicant must transfer the application charges/ fees by postal service.
b) Online filing
- Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
- Online application process:
+ The applicantneeds to complete the steps of filing a division application form on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The applicant needs to present the confirmation of the online submission to one of the IPVN’s office attached documents (if any) and pay fees/ charges within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully, an IPVN’s officer will issue the application number in the Online Application Receipt System.
+ If one of the documents and fees/ charges is not fully, the application will be denied.
+ Especially, if the applicant fails to complete the prescribed application procedure, the online application procedure will cancel.
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Conclusion: So the above is Procedure for division of trademark applications. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
