The trademark transfer registration procedure is a matter of increasing interest to customers due to the increasing demand for trademark transfer . Article below our presentation on cases of transfer marks and procedures transfer the trademark as well as the conditions to be protective about the brand . Interested readers can refer to this article. So how to transfer of trademark protection titles with foreign elements, let’s find out with LSX lawfirm
Legal grounds
Vietnam Intellectual Property Law
A dossier of transfer of a trademark protection title with foreign elements includes
- Declaration of registration of trademark assignment contract (typed according to the form);
- 01 copy of contract (original or certified copy as prescribed)
If the contract is in a language other than Vietnamese, it must attach with a Vietnamese translation of the contract;
If a contract has many pages, each page must have the signatures of the parties or a cross-border stamp.
- Power of attorney ;
- 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).
- Original title of protection;
- The written consent of the co-owners on the transfer of industrial property rights; if the respective industrial property rights are jointly owned;
- Regulations on use of collective marks, regulations on use of certification marks and documents proving the transferee’s right to file applications in case of assignment of certification marks or collective marks.
Notes when transferring trademark protection titles with foreign elements
When transferring a trademark that is the same as the name of the company, the owner must change the name of the company; to be different from the name of the trademark being transferred. Process of handling a request to transfer a trademark protection title
Step 1 : Receipt of application
An application file for registration of an industrial property right assignment contract can submitt directly or by post or online to the National Office of Intellectual Property.
Step 2 : Process the file.
If there are no errors in the application for registration
- The National Office of Intellectual Property shall issue a decision to recognize the transfer of industrial property rights;
- Recorded in the new Owner’s Protection Certificate; in case of partial transfer of the list of goods or services bearing the protected mark; a new certificate of trademark registration shall be issued to the recipient and the limit of the list of goods/services in the protection title shall be determined. original for such assignment;
- Record in the National Register of Industrial Property Rights Transfer;
- Publish the decision on recognition of the transfer of industrial property rights in the Industrial Property Official Gazette.
In case the registration dossier has errors
- The NOIP shall issue a notice of its intention to refuse registration of the contract, clearly stating the shortcomings of the dossier for the applicant to correct the errors or give feedback on the intended refusal to register the contract. ;
- Issue a decision to refuse to record the transfer if the applicant fails to correct or unsatisfactorily corrects deficiencies, has no objections or unwarranted objections about the intention to refuse to register the contract. within the specified period.
Agencies receiving and processing dossiers
National Office of Intellectual Property of Vietnam.
Procedure results: Decision on recognition of industrial property right transfer/Decision on refusal to record industrial property right transfer, Recording in new owner’s protection title and determining the list of goods goods/services in the original title of protection for the assignment.
Contact LSX Law firm
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Related questions
The protection of trademarks will last for 10 years and can be renewable.
Accordingly, a well-known trademark is a brand that is widely known by consumers throughout the territory of Vietnam.
Yes, in fact, a collective mark under Vietnamese Law is a mark used to distinguish the goods and services of members of the organization that is the owner of the mark from those of organizations or individuals who are not members of the organization. that position.
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